Setting up a trust is a powerful way to protect your assets and ensure they’re distributed according to your wishes. It can help your loved ones avoid probate, maintain privacy, and manage estate taxes. But one common question is: do you really need an attorney to set up a trust?
The short answer is: not necessarily. While legal support can be helpful, it’s entirely possible to create a trust without a lawyer — if your estate is simple and you understand the steps involved.
What Is a Trust?
A trust is a legal agreement where one person (the grantor) places assets under the control of another (the trustee) to benefit a third party (the beneficiary).
There are two main types:
-
Revocable Trust – You can modify or cancel it anytime.
-
Irrevocable Trust – Permanent and typically used for asset protection or tax benefits.
Trusts offer control, privacy, and can help avoid lengthy probate proceedings.
Is It Legal to Make a Trust Without an Attorney?
Yes, it is. Many people choose to draft their own trust using online tools and templates. However, it’s vital to make sure your trust follows all applicable laws and includes all necessary information — or it may not hold up later.
How to Create a Trust by Yourself
-
Define Your Objectives
Know what you want the trust to accomplish, like managing inheritance or avoiding probate. -
Select the Right Trust Type
Choose between revocable, irrevocable, or a specialized trust based on your needs. -
Appoint a Trustee
This can be yourself or someone else who will manage the trust responsibly. -
Write the Trust Agreement
Use a reliable legal template, ensuring it complies with your state laws. Be clear about how and when assets are distributed. -
Transfer Assets Into the Trust
Retitle your property, bank accounts, or investments to the trust’s name. This step is critical. -
Sign and Notarize
Execute the trust document with the required signatures and notarization or witnesses based on your jurisdiction.
Why Consider DIY Trust Creation?
-
Cost Savings – Avoid attorney fees.
-
Convenience – Complete it at your own pace.
-
Control – Direct involvement in decision-making.
Potential Downsides
-
Mistakes in legal language
-
Failure to properly fund the trust
-
Not meeting state-specific legal standards
-
Incomplete protection for complex estates
When You Should Hire a Lawyer
If your estate includes large assets, businesses, multiple beneficiaries, or if you’re creating a trust for a special needs dependent, working with a lawyer is strongly advised. They can ensure legal compliance and reduce the risk of future challenges.
Final Takeaway
While it’s completely legal to create a trust without a lawyer, it’s only recommended for those with straightforward estate needs and the willingness to carefully follow instructions.
If you’d prefer expert support, Florida Tax Lawyers offers professional guidance, document reviews, and fully customized estate planning services to ensure your trust is solid and enforceable.
