Are there any downsides to establishing a trust?
I see two downsides in establishing a trust as opposed to simply preparing a will, and I point them out to my clients. The first downside is that preparing and funding a revocable living trust is much more expensive than preparing a will. There is more to it, by a long shot, so for one-third of the cost, a client could have a will instead of a funded living trust. The second is that when you have created a living trust, when you have put a trust in place and funded it with your assets, you can't simply shut it down. You can't tear it up, the way you could tear up an old will. Rather, unless you want to reinvent the wheel, you're going to have to perhaps amend and restate the trust, instead. That may be a cost in excess of what a new will would cost; it may not be. The fact is that once a trust is in place, unless the client is willing to, or must, start over again, the trust is in place for life.