The following is a list of some, but not all, of the factors that I consider when advising clients. You should understand that no single factor determines whether or not a living trust is appropriate. Less Likely Appropriate Age Older clients, with stable asset base, nearing end of working years. Younger clients, still in working years with asset base still growing. Health Client has concerns about health or has a present physical incapacity or progressive illness.
Client is healthy, youthful and less concerned about potential incapacity.
Marital Status Generally not determinative. Clients in second marriages with children from prior marriages may benefit from having living trusts. Client recently widowed, where deceased spouse was primary asset manager. Generally not determinative. Nature of Assets Estate consists of real property in more than one state.