Can You Set Up a Trust Without an Attorney?

Building trust is an aspect of planning your estate, enabling you to safeguard and oversee your assets for the well-being of your family. A frequent query arises if it's feasible to establish a trust without assistance. The answer is yes—you can establish trust independently.

Particular risks and factors must be considered. This article will explore the advantages and disadvantages of establishing trust without an attorney and evaluate its practicality.

What Is a Trust?

In estate planning, a trust is a setup where a trustee looks after assets on behalf of a beneficiary. It helps ensure that assets are distributed per the grantor's desires and can help bypass the expensive probate process. There are different types of trusts, including:

• Revocable Trusts: The grantor can alter or revoke these during their lifetime.

• Irrevocable Trusts: Once established, these cannot be changed or revoked without the beneficiaries' consent.

• Living Trusts: These are created during the grantor's lifetime and can be either revocable or irrevocable.

• Testamentary Trusts: These are created through a will and take effect after the grantor's death.

Can You Set Up a Trust Without an Attorney?

Indeed, you can establish a trust without the assistance of a lawyer. Numerous individuals leverage tools, software, and resources to form trusts to reduce legal costs. Nonetheless, before proceeding, it is crucial to consider certain vital aspects.

Pros of Setting Up a Trust Without an Attorney

1.Savings: Creating a trust without hiring a lawyer offers a benefit in saving money. Legal fees associated with establishing a trust are high for estates with complex details. Opting to handle the process independently allows you to cut down on expenses, making it an appealing choice for individuals with estates.

2. Convenience: Platforms for building trust are made to be easy to use and convenient. They typically offer instructions that help people create trust without meeting with a lawyer in their homes.

3. Control: Establishing trust gives you autonomy in the process. You can proceed quickly and make choices independently, free from legal guidance. This can be advantageous if you grasp your objectives for estate planning.

Cons of Setting Up a Trust Without an Attorney

1.Legal Complexity: Trusts can be legally complex, and the laws governing them vary by state. Without a thorough understanding of these laws, you may inadvertently create a trust that is invalid or does not achieve your intended goals. An attorney can ensure that your trust complies with all legal requirements and is appropriately structured.

2. Risk of Errors: Even a tiny mistake in the trust document can have significant consequences. Errors in the language, incorrect beneficiary designations, or failure to fund the trust adequately can lead to disputes, legal challenges, and unintended outcomes. An attorney's expertise can help prevent these issues.

3. Lack of Customization: Online trust creation tools often provide standardized templates that may not fully address your unique circumstances. An attorney can tailor the trust to your needs, ensuring that all contingencies are covered and your assets are protected as you intend.

4. Missed Opportunities: Estate planning involves more than just setting up a trust. An attorney can provide comprehensive advice on other important aspects, such as tax planning, asset protection, and long-term care considerations. By setting up a trust without an attorney, you may miss out on valuable opportunities to optimize your estate plan.

When Should You Consider Hiring an Attorney?

While it is possible to set up a trust without an attorney, there are certain situations where hiring an attorney is strongly recommended:

• Complex Estates: If your estate includes significant assets, multiple properties, business interests, or complex family dynamics, an attorney's expertise ensures your trust is structured correctly.

• Irrevocable Trusts: If you are considering creating an irrevocable trust, which cannot be changed or revoked, it is essential to consult with an attorney to fully understand the implications and ensure that it aligns with your estate planning goals.

• Tax Considerations: If your estate is subject to estate taxes, an attorney can help you navigate tax planning strategies to minimize the tax burden on your beneficiaries.

• Special Needs Trusts: If you have a beneficiary with special needs, an attorney can help you create a special needs trust to ensure that the beneficiary's eligibility for government benefits is preserved.

Conclusion

Creating a trust without the help of a lawyer is doable. It might work for some people with estates. However, due to the complexities and potential risks involved in setting up a trust, seeking advice from a knowledgeable attorney is recommended, especially if your estate is intricate or has specific objectives in mind.

At Doane & Doane, Palm Beach Garden,  Our skilled estate planning lawyers can guide you through establishing a trust, ensuring your assets are safeguarded and your wishes are respected. Whether you're considering a revocable or irrevocable trust or another type, we can offer the support and knowledge necessary to reach your estate planning objectives.

Contact us today to arrange a meeting and discover how we can help you create a trust that meets your requirements and brings peace of mind to you and your family.