What are the Disadvantages of a Revocable Living Trust?

1) No court oversight – If there are concerns over intrafamily suspicions and feuds, or if there may be discomfort of a family member acting as a successor trustee to wind up the affairs of a deceased family member, then judicial oversight may not be a bad idea. No distribution to the beneficiaries can be made without the probate court’s approval, which requires the personal representative’s/administrator’s detailed accounting to be provided to the court.

2) Higher “start-up” costs – because revocable living trusts are complex documents, attorney’s fees are higher for a revocable living trust than a simple will. However, as mentioned above, your beneficiaries will save on the probate fee (and attorney’s fees) when going through the probate process.

3) Hassle – For the revocable living trust to be effective, your property has to actually be transferring into the trust. This involves contacting banks or financial institutions, insurance companies, qualified retirement plan administrators, and for real property, your mortgage company and registrar of deeds.

Please schedule your free 15-minute consultation to determine whether a Revocable Living Trust or other estate planning tools are right for you! You can contact us using the “Contact Us” form online, or simply call (202) 743-1656.

You may also like

Estate Planning & Probate Podcast

Estate Planning & Probate Podcast

Please tune in to the "What You Need to Know About Estate Planning and Probate" Podcast with Olesya Sidorkina: Creating Wealth Podcast | TABER Asset We will cover questions such as: What inspired you to become an attorney who specializes in estate planning? Can you...

Revocable Living Trusts Explained

Revocable Living Trusts Explained

A revocable living trust is an agreement between the grantor (the person creating the trust) and the trustee to manage the trust property for the benefit of the beneficiary (usually the same person - the grantor). When the grantor transfers property to the trust, the...