When it comes to safeguarding your wealth and planning for your family’s future, few tools are as effective—or as misunderstood—as a trust. Trusts are essential in estate planning because they provide control, protection, and peace of mind. But with the rise of online legal platforms, many people are now asking: Is it really necessary to hire an attorney to set up a trust?

The short answer is: No, you don’t always need a lawyer to create a trust. In some situations, a DIY approach might work just fine. However, depending on the complexity of your estate and your long-term goals, skipping legal advice could create more problems than it solves.

In this post, we’ll break down what a trust is, explore the pros and cons of setting one up without a lawyer, outline the steps involved in the DIY process, and explain when professional guidance is essential.

What Is a Trust and Why Does It Matter?

At its core, a trust is a legal arrangement where one party (the trustee) manages assets on behalf of another party (the beneficiary). The person who creates the trust is called the grantor. This structure can be used for a variety of purposes, from protecting assets during your lifetime to efficiently transferring wealth after your death.

Trusts come in several forms:

• Revocable Trusts: These can be altered or canceled by the grantor at any time during their lifetime. They’re flexible and commonly used in estate planning.

• Irrevocable Trusts: Once established, these cannot be modified without the beneficiary’s permission. However, they offer benefits like tax advantages and protection from creditors.

• Living Trusts: Created while the grantor is alive, these help manage and distribute assets without going through probate.

• Testamentary Trusts: These are set up through a will and take effect only after the grantor’s death.

Using a trust can help your heirs avoid probate court, maintain privacy, and ensure your wishes are carried out clearly and efficiently. It also allows for more detailed control over how and when your assets are distributed.

Is It Possible to Set Up a Trust Without a Lawyer?

Yes, it is possible to set up a trust on your own, particularly if your estate is simple and straightforward. Thanks to online legal services and downloadable templates, DIY trusts are more accessible than ever.

However, while the process may appear easy on the surface, it involves significant legal detail—and that’s where things can get tricky.

✅ Advantages of a DIY Trust:

• Cost Savings: Hiring an attorney can cost hundreds or even thousands of dollars. A DIY approach significantly reduces that expense.

• Convenience: You can work on your own schedule and make decisions at your own pace.

• Full Control: You stay directly involved in every aspect of the planning process.

❌ Potential Drawbacks:

• Legal Complexity: Trust laws vary from state to state. Without legal training, it’s easy to overlook important rules.

• Risk of Errors: A poorly drafted or improperly funded trust may be legally invalid or cause confusion for your beneficiaries.

• Family Disputes: Ambiguities in your trust documents could lead to conflicts or even litigation among heirs.

While a DIY trust can be a smart option for some, it’s not always the right choice—especially if your estate involves multiple assets, properties in different states, or blended families.

How to Set Up a Trust Without an Attorney

If you choose to go the DIY route, it’s essential to follow a structured approach. Here’s a step-by-step guide to help you get started:

1. Decide on the Type of Trust You Need

Start by identifying your goals. Are you looking for flexibility and control? A revocable trust may be best. Need to shield assets from taxes or creditors? An irrevocable trust might make more sense.

2. Gather Your Financial Documents

Before drafting the trust, collect all necessary paperwork, such as:

• Property deeds

• Bank and investment account statements

• Business ownership documents

• Insurance policies

Having these in one place helps streamline the process.

3. Choose a Trustee and Beneficiaries

Select a trustworthy person or institution to manage the trust. Then, list your beneficiaries—those who will receive the assets. Be clear about how and when distributions should occur.

4. Create the Trust Agreement

Using a reputable online platform or template, draft a legal document outlining:

• The purpose of the trust

• Trustee powers and duties

• Specific instructions for asset distribution

• Any conditions or limitations

Be sure the document is legally valid in your state and includes all necessary signatures.

5. Fund the Trust

This is a crucial step that many people overlook. Funding the trust means transferring ownership of your assets—like real estate or bank accounts—into the trust’s name. Without this step, the trust can’t actually control the assets, defeating its purpose.

When You Should Absolutely Hire a Lawyer

While a DIY trust might work for simple situations, there are times when professional help isn’t just recommended—it’s essential.

You Should Consult an Attorney If:

• Your estate is large or complex

• You have minor children, special needs beneficiaries, or a blended family

• You want to reduce estate taxes

• You own property in multiple states or countries

• There’s a risk of family disputes or someone contesting your estate

• You’re unsure about state-specific trust laws

An experienced estate planning attorney can ensure that your trust is legally compliant, accurately reflects your wishes, and prevents potential conflicts down the road.

Final Thoughts: Know When to DIY and When to Ask for Help

Creating a trust is a powerful way to protect your legacy, reduce stress for your loved ones, and ensure your assets are handled according to your wishes. For those with simple estates, setting up a trust without a lawyer can be a cost-effective solution—as long as you’re diligent and informed.

However, estate planning is not one-size-fits-all. When your situation becomes more complex, the risks of going it alone may outweigh the savings. In these cases, working with an experienced attorney is the best way to protect your interests and give your family peace of mind.

At Jostock & Jostock, we specialize in building tailored trust solutions that fit your life, your goals, and your legacy. Whether you’re just getting started or need expert guidance, we’re here to help you make smart, confident decisions.

Ready to take the next step in your estate planning journey? Contact Jostock & Jostock today to explore your trust options and secure your family’s future.