Negatives Of Trusts

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Negatives Of Trusts In New York

Trusts are valuable estate planning tools that offer various benefits, including asset protection, privacy, and control over the distribution of your assets. However, like any legal instrument, trusts also come with their fair share of negatives and drawbacks, particularly in the context of New York’s unique legal landscape. At Morgan Legal Group in New York City, we believe in providing a comprehensive understanding of estate planning options, including an honest assessment of their downsides. This guide will explore the negatives of trusts in New York and how to navigate these challenges effectively.

1. Complexity and Costs

One of the primary drawbacks of trusts is their inherent complexity. Creating and managing a trust can be more intricate and time-consuming than other estate planning methods, such as a simple will. Trustees, who are responsible for administering the trust, often require legal and financial expertise, which can lead to higher costs.

In New York, legal fees associated with trusts can be substantial. Hiring an experienced attorney to draft, administer, and potentially amend the trust can result in significant expenses. It’s essential to weigh these costs against the benefits to determine if a trust is the right choice for your estate plan.

2. Loss of Some Control

While trusts offer control over the distribution of assets, they also require a certain level of relinquishing control. When you transfer assets into a trust, you must follow the trust’s terms and conditions. For example, if you create an irrevocable trust, you typically cannot make changes to it without the consent of the beneficiaries, which limits your flexibility.

New York law places certain restrictions on trusts, and some types of trusts, such as dynasty trusts, may tie up assets for generations, limiting your descendants’ access to those assets. Therefore, it’s crucial to carefully consider how much control you are willing to surrender when establishing a trust.

3. Maintenance and Administration

Trusts require ongoing maintenance and administration. Trustees must manage and invest trust assets, file tax returns, and ensure compliance with state and federal regulations. This administrative burden can be particularly challenging for individuals who lack experience in financial management and estate planning.

Furthermore, trustees have fiduciary responsibilities, and any errors or mismanagement can result in legal consequences. In some cases, disputes may arise among beneficiaries regarding trust administration, leading to costly and time-consuming litigation.

4. Privacy Concerns

While privacy is often touted as a benefit of trust, it can also be a downside. Trusts are private documents, and their terms and beneficiaries are typically not a matter of public record. While this can protect your privacy, it can also create challenges for beneficiaries and heirs who may not have access to the information they need.

In New York, beneficiaries of an irrevocable trust generally have the right to request information about the trust’s administration, but this can be a complex and time-consuming process. Additionally, beneficiaries may need to rely on the trustee’s discretion in providing information, potentially leading to conflicts and disputes.

5. Limited Tax Benefits

While trusts can offer tax benefits, the extent of these benefits may be limited for some individuals. New York has its own estate tax laws, which can significantly impact the effectiveness of certain trusts. The state’s estate tax exemption amount is lower than the federal exemption, which means that even smaller estates may be subject to New York estate tax.

Moreover, New York has complex rules related to the taxation of trusts. Some trusts may be subject to income tax at high rates, further reducing the tax advantages associated with trusts. Therefore, it’s essential to consider the potential tax implications carefully when creating a trust in New York.

6. Challenges in Funding

For a trust to be effective, assets must be properly funded into it. This involves transferring ownership of assets from your name to the trust. Funding can be a cumbersome process, and failure to complete it correctly can render the trust ineffective or lead to unintended consequences.

Assets that are not properly funded into the trust may still go through probate, defeating one of the primary purposes of creating a trust. Ensuring that all assets are appropriately transferred into the trust requires diligence and ongoing management.


While trusts offer various advantages in estate planning, they are not without their negatives and challenges, especially in the context of New York’s legal framework. It’s essential to weigh these drawbacks against the benefits and consult with an experienced estate planning attorney to determine the most suitable approach for your specific situation.

At Morgan Legal Group, we specialize in helping clients navigate the complexities of estate planning in New York. Our team of skilled attorneys can provide personalized guidance to ensure that your estate plan aligns with your goals and addresses potential negatives associated with trusts. Contact us today to schedule a consultation and take the first step toward securing your family’s financial future.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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