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By: Bernard A. Krooks, Certified Elder Law Attorney

Special Contributor: Joel Krooks, Esq.

If you’re having your estate planning prepared and want to create a trust for a child or family member, should you set up a standalone trust, or include trust provisions within your existing estate plan? 

A standalone trust is a separate trust document created as its own standalone document. It is distinct from your main estate plan but can be referenced in your will or revocable living trust. 

For example, your revocable trust might say that when you pass away, your assets should go into the “John Doe 2026 Trust,” which was set up under a separate agreement on March 3, 2026. This separate document is called a standalone trust because it exists on its own, separate from your revocable trust.

The other option is a sub-trust, which is a trust that is written directly into your main will or revocable trust. This type of trust is not created until after you pass away. If it is created through a will, it only takes effect after the estate goes through probate, meaning it cannot avoid the probate process.

The purpose of the trust often drives whether you use a standalone trust or a sub-trust. Is it a special needs trust to protect a beneficiary who receives public benefits? Is it a descendants separate trust for one of your children? Do you want other beneficiaries to be able to see the terms of the trust?

Standalone trusts tend to be more expansive and complex, but they offer several benefits outlined below. 

• Simplified Administration – Trustees may avoid showing the full estate plan to banks or financial institutions.

• Avoids Probate – Unlike testamentary trusts under a Will, a standalone trust can operate immediately upon funding without probate delays.

• Flexible Amendments – Changes can target the standalone trust without affecting your main trust.

• Facilitates Gifts from Others – Family members can contribute directly to the standalone trust.

• Comprehensive Coverage – Standalone trusts can address more contingencies than a sub-trust, without overloading the primary trust document.

A standalone trust often offers stronger protection, more flexibility, and can sometimes be easier to manage. However, whether it makes sense to create a separate trust depends on your situation, the size of your estate, and whether you expect to make changes in the near future.

If the trust’s purpose is straightforward, funding is minimal, or the trust ends at a certain age then embedding trust provisions in your revocable trust or will may suffice. This keeps the plan simpler, especially if you don’t anticipate major changes in the near future.

Discuss your goals with an estate planning attorney. Together, you can weigh the cost/benefit trade-offs and determine the most practical solution for your family.

Bernard A. Krooks, Esq., is a founding partner of Littman Krooks LLP. He was named 2021 “Lawyer of the Year” by Best Lawyers in America® for excellence in Elder Law and has been honored as one of the “Best Lawyers” in America since 2008. He was elected to the Estate Planning Hall of Fame by the National Association of Estate Planners & Councils (NAEPC). Krooks is past Chair of the Elder Law Committee of the American College of Trust and Estate Counsel (ACTEC). (914-684-2100) www.littmankrooks.com