Roseville, CA estate planning & probate attorney R. Keenan Davis talks about the negatives of setting up a trust. He explains that there are essentially no downsides to establishing a trust, aside from the fact that it is a substantial legal document written in formal legal language. While his firm makes efforts to simplify the language, he acknowledges that legal documents are inherently complex and often require careful review.

At his firm, they charge a flat fee for the complete estate plan, which covers all trust documents. He emphasizes that clients are encouraged to call with questions about any part of the document. For example, if a client calls a month later to ask about a specific article—whether it is Article 6, Article 9, or Article 14—the firm provides explanations at no additional charge. This approach ensures that clients understand provisions such as protections against challenges to the trust or the mechanics of asset distribution.

He notes that the length and formal language of the trust are necessary in the current U.S. legal environment, which is highly litigation-prone. Judges interpret documents written in legal terminology, so using precise legal language is essential to fully protect the trustor and their estate.