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Should You Set Up a Trust with an Attorney? Absolutely!
If you’re wondering whether you should set up a Trust with the help of an attorney, the short answer is yes—and in most cases, you absolutely should. At the very least, you should consult with an estate planning attorney before drafting your own Trust or any estate planning documents.
A Trust is a legally binding document that outlines how your property and assets will be managed and distributed after you pass away. For many people, this document determines exactly what happens to their entire estate. Because of its significance, a Trust must be created correctly to ensure that your wishes are carried out as intended. Mistakes in drafting a Trust can lead to unintended consequences, legal disputes, and even the invalidation of the Trust altogether.
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What are the Risks of Writing My Own Trust?
When considering a Revocable Trust as part of your estate plan, there are many factors to think about. Unless you have a background in estate planning or law, you may not know all the critical elements that must be included. Even a small mistake can have major legal and financial consequences. Some risks of drafting your own Trust include:
- Unclear or incorrect wording – Legal language matters. If your Trust is not properly worded, it may be open to interpretation or even ruled invalid.
- Failure to follow state laws – Every state has specific requirements for Trusts. If your document does not comply, it may not be enforceable.
- Unintended beneficiaries – Without precise language, your assets could end up with individuals you never intended to inherit from your estate.
- No plan for contingencies – What happens if a beneficiary passes away before you? What if you become incapacitated? A well-drafted Trust covers all these possibilities.
- Missed tax-saving opportunities – Without proper planning, your estate could be subject to unnecessary taxes that could have been legally avoided.
What are the Benefits of Hiring an Attorney to Write my Trust?
Hiring an attorney to prepare your Trust provides numerous benefits and removes a lot of risk. For example, estate planning attorneys understand the necessary legal language and state regulations that must be followed. One small mistake in creating your own Trust may result in assets going to unintended individuals, or the Trust being invalidated entirely. When you consider what a Trust is and its importance for you and your loved ones, obtaining professional guidance is priceless.
What Will an Attorney Ask me When Discussing my Trust?
To create a Trust that best fits your needs, an attorney will ask several questions about your financial and family goals. These questions are necessary to ensure that your estate plan reflects your wishes and protects your assets. Some common topics of discussion include:
- Your Financial Situation – Attorneys often ask about your net worth to determine whether special provisions need to be included for tax planning, charitable giving, or asset protection.
- Who You Want to Inherit Your Assets – You will need to decide who will receive your assets and how they should receive them (e.g., in a lump sum, over time, or under specific conditions).
- Concerns About Beneficiaries – Some people worry about giving large sums of money to beneficiaries all at once. An attorney can help structure the Trust so distributions are made over time or only when needed to ensure financial stability.
- Special Considerations – If you have a loved one with special needs, a business, or specific wishes for family heirlooms, these details will be addressed in the Trust.
- Who Will Manage the Trust – You must appoint a Trustee to oversee your Trust. This could be a family member, friend, or a professional trustee.
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What Documents Should I Bring to Meet with my Attorney?
Before meeting with an attorney, you should gather relevant information that you can likely anticipate will come up. Some key items to bring include:
- List of Beneficiaries – Names and contact information for the people or organizations you wish to include in your Trust.
- Real Estate Documents – Deeds for any properties you own.
- Financial Statements – Bank accounts, investments, retirement accounts, and life insurance policies.
- Tax Returns – Providing recent tax returns may help your attorney assess potential tax planning strategies.
If providing documentation is for some reason impossible or on too short notice, at the very least you should come prepared to discuss your goals and aspirations for you and your family. Clients often have different goals in mind when incorporating a Revocable Trust into their estate plan. Goals like preserving your wealth for future generations, providing for special needs loved ones, or distributing your valuable collection of personal property without tension are all valuable information for your attorney to understand.
Why Your Estate Planning Goals Matter
Everyone’s estate planning goals are unique. Some people create a Trust to preserve wealth for future generations, while others want to ensure a loved one with special needs is cared for. Some may wish to avoid family disputes over valuable collections or sentimental property. Whatever your concerns, an estate planning attorney can help create a customized Trust that reflects your wishes and provides peace of mind.
By working with a professional, you are taking an important step in securing your family's future and ensuring your legacy is carried out exactly as you intend.
Can you Set Up a Trust with an Attorney? © 2025 by Toby Tigges is licensed under CC BY 4.0 
Can you Set Up a Trust with an Attorney?