Call Us Now 215-790-1095
20 Feb, 2025

Downsides of a Revocable Trust

From Our “Ask a Question” Mailbag: “I have read about all the advantages of a Revocable Living Trust, but what are the Downsides of a Revocable Trust?”

Downsides of a Revocable Trust

Revocable Living Trust Attorney Daniella Horn

Are There Any Downsides of a Revocable Trust?

In many blogs and articles I have expanded upon the many positive aspects of a Revocable Trust, but let’s take time to talk about the Downsides of a Revocable Trust.  

There are not many, but they do exist. 

Cost of Creating a Revocable Trust

A Revocable Trust does decrease the cost and amount of work needed at your death. Your family will thank you for taking the time (and spending the money) to set it up. However, creating a Revocable Trust costs more than using a traditional Will strategy. This cost is usually not significant. In my practice, it usually is about an additional $500 or so for document drafting with a revocable trust vs. a will plan.

However, there are also the costs of moving deeds into the trust, which can range from $800.00 to $1,000.00 per deed, depending on the county filing fees. 

Conclusion: While there are additional costs, they are minimal, and by avoiding the filing fees at death that are required if you use a Will strategy, the family does save money. 

More Work for You While You Are Alive

Once your Revocable Trust is created, it must be funded. Typically, the attorney will draft deeds moving your real estate into the trust and your CPA will help you with moving in LLCs.  If you have a financial planner, she can help you with either moving your investment accounts into the trust or updating the beneficiary desiginatons to name the revocable trust. 

Conclusion: Some homework must be done after forming your Revocable Trust. None of these steps is especially difficult; most can be done by yourself. Are you a person who puts off tasks? Your professional team can take the steps for your.  

No Protection From Liability

This isn’t a downside to Revocable Trusts, but rather a fact that should be recognized. Because you maintain control over the trust assets, you remain the beneficiary, free to use the assets, and you retain the right to revoke the trust and take all the assets back into your name; the trust provides no shelter from creditors or divorce. 

Revocable Living Trusts are tools meant to avoid probate and make the process of your death easier and cheaper. They are not designed to protect you from your creditors. However, the trusts can include trusts that protect the assets from your descendants’ creditors at your death. So, once you die, those daughter-in-laws cannot access your son’s inheritance. 

In Conclusion, Downsides of a Revocable Trust.

The conclusion is that while there are downsides to a revocable trust, they are far outweighed by the upsides.

If you want to know more, please follow this link to my article, Revocable Living Trusts: Everything You Need to Know.

I hope you found this short article about the Downsides of a Revocable Trust. Contact us if you want to know more or have an estate that needs our help. Let our Probate and Estate Planning lawyers help walk you through what can be a confusing process. Feel free to contact our office for a free consultation. It’s All We Do: 

Wills, Trusts, Probate, and Estate Litigation!

It’s What We Do!

Peter Klenk, Esq. Pennsylvania Revocable Trust Lawyer, New Jersey Revocable Trust Attorney

What Our clients are saying

Klenk Law Logo
Stars

Chris Mogee

Peter and his team are great to work with. They make estate planning so easy and painless. They answered all of my questions clearly and helped me understand the best way to handle complicated finances and things like real estate investments. Thank you Klenk Law!!

Klenk Law Logo
Stars

Jacqueline Gowen-Tolcott

We had an excellent experience. Everyone was very personable, professional and efficient.

Klenk Law Logo
Stars

Marilyn Dolgoff

I worked with Daniella to settle my father’s estate. She was kind, efficient, knowledgeable, and made the entire process seamless. I highly recommend working with Daniella.

Klenk Law Logo
Stars

Monika Patryn

I highly recommend this firm. Jackie was a pleasure to work with. I left there’s well educated and had all my questions answered.

Klenk Law Logo
Stars

Stephanie Sesker

We were extremely pleased with the work done by Peter Klenk and members of the staff at Klenk Law. They were very thorough and did the work in a timely fashion. Peter's explanations of the legal system were very clear and helpful. I highly recommend this firm and Peter.

Let us put our expertise to work for you.

Free consultation within 24 hours.