Creating a trust is a smart way to manage your assets and ensure they’re passed on according to your wishes. It can help avoid probate, reduce taxes, and maintain privacy. But many ask — do you need a lawyer to do it?
The answer is: not always. You can legally set up a trust without an attorney, but you’ll need to understand the process and potential risks.
What Is a Trust?
A trust is a legal tool where you (the grantor) transfer assets to a trustee to manage for the benefit of beneficiaries. There are two main types:
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Revocable Trust – You can change or cancel it anytime.
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Irrevocable Trust – More permanent, with stronger asset protection.
Trusts can help you avoid probate, keep your affairs private, and give you control over how assets are used and distributed.
Can You Create a Trust Without an Attorney?
Yes. Many people use online platforms to create a trust themselves. It’s affordable and convenient — but it’s crucial to follow legal procedures correctly. Mistakes can cause the trust to fail or create confusion later.
Steps to Create a Trust on Your Own
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Set Your Goals
Decide what the trust should accomplish — e.g., avoiding probate, protecting assets, or providing for loved ones. -
Choose the Type of Trust
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Revocable Trust: Best for flexibility.
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Irrevocable Trust: Best for asset protection and tax planning.
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Special Needs or Testamentary Trusts: For specific situations.
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Pick a Trustee
Choose someone you trust to manage the assets. You can name yourself as trustee, but also assign a successor trustee. -
Draft the Trust Agreement
Outline your wishes clearly — who gets what, when, and how. Use reliable templates that match your state laws. -
Fund the Trust
Retitle assets like property, accounts, or investments into the trust’s name. This is a crucial step many people overlook. -
Sign and Notarize
Finalize the trust with your signature and notary (or witnesses, depending on your state). Keep it safe and inform your trustee.
Benefits of the DIY Route
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Cost-effective: No legal fees.
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Convenient: Use online services at your pace.
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Control: You’re involved in every step.
Risks of Doing It Alone
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Errors in paperwork
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Missing steps in funding the trust
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Not meeting state-specific rules
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Limited flexibility for complex estates
When to Get Legal Help
If you have a large estate, own a business, or want to protect assets for minor children or special needs dependents, it’s best to consult a lawyer. They can ensure everything is legally sound and tailored to your needs.
Final Thoughts
Yes, you can create a trust without an attorney — especially for straightforward estates. Just be sure to do thorough research and follow the legal requirements carefully.
If you’re in Florida and want peace of mind, Florida Tax Lawyers can guide you through the process, review your documents, or set up your trust professionally.
