Can You Set Up a Trust Without an Attorney?

When planning for the future, creating a trust is often one of the smartest legal steps you can take. Trusts can help protect assets, avoid probate, and ensure your wishes are carried out efficiently. But as more people look for DIY solutions online, a common question arises:

Can you legally create a trust without hiring an attorney?

The short answer is yes — but the real question is: Should you?

Let’s break down what’s involved in setting up a trust, the risks of doing it yourself, and why working with experienced estate planning attorneys like Jostock & Jostock, P.A. offers long-term peace of mind.

What Is a Trust?

A trust is a legal arrangement that allows a person (the grantor) to place assets under the management of another party (the trustee) for the benefit of selected individuals or organizations (the beneficiaries). Trusts are commonly used to:

• Avoid probate

• Maintain privacy

• Manage assets in case of incapacity

• Provide for loved ones or charities

• Reduce potential estate taxes

There are various types of trusts, including revocable (can be changed) and irrevocable (cannot easily be changed), each serving different purposes.

Can You Legally Create a Trust Without an Attorney?

Yes — in most states, it’s legal to create a trust on your own. There are online platforms and downloadable forms that claim to simplify the process.

However, legality doesn’t guarantee effectiveness.

Creating a trust without legal guidance could lead to critical errors that may not become obvious until it’s too late — such as when the trust needs to be executed after your passing or during incapacity.

Risks of Setting Up a Trust Without Legal Help

While the DIY route might seem cost-effective or convenient, it often lacks the precision and personal insight needed for a secure estate plan.

Here are some common risks of setting up a trust without an attorney:

1. Incorrect or Incomplete Documents

Trusts must meet specific legal requirements in your state. A single mistake — like vague wording or missing signatures — could invalidate the entire document.

2. Failure to Fund the Trust

Creating a trust is only step one. You also need to transfer ownership of assets into the trust. If this step is skipped or done incorrectly, your assets could still go through probate.

3. Generic Templates Don’t Fit Your Needs

Online forms are designed to be “one-size-fits-all.” But real-life situations are rarely that simple — especially if you have a blended family, own a business, have out-of-state property, or want to plan for incapacity.

4. Missed Tax Implications or Opportunities

An attorney can advise on how your trust could impact taxes, qualify for Medicaid planning, or protect beneficiaries. DIY platforms typically don’t address these issues.

5. Limited Legal Protection

If a dispute arises, a poorly drafted trust could open the door to legal challenges or unintended asset distributions.

Why Work with Jostock & Jostock, P.A.?

At Jostock & Jostock, P.A., we understand that estate planning is personal. No two families are alike, and your trust should reflect your unique goals, values, and financial picture.

When you work with us, you get:

• Custom legal advice based on your specific circumstances

• Properly drafted and funded trusts that comply with Florida law

• Peace of mind knowing your assets are protected and your wishes are legally enforceable

• Ongoing support, so your plan evolves as your life and laws change

We’ve helped countless individuals and families create effective estate plans — and we’re here to help you, too.

Frequently Asked Questions

Is it cheaper to create a trust without a lawyer?

It may seem that way upfront, but mistakes made in a DIY trust can lead to significant legal fees or asset loss later.

What if I already started creating a trust online?

That’s okay — an attorney can review what you’ve started, correct issues, and ensure your trust is legally sound.

Do I need a trust if I already have a will?

A will distributes your assets after death, but a trust offers additional benefits like probate avoidance, privacy, and ongoing asset management.

Can I make changes to my trust later?

If it’s a revocable trust, yes — you can amend or revoke it during your lifetime. An attorney can ensure any updates are made properly.

Final Thoughts

While it’s possible to create a trust without an attorney, the risks can far outweigh the savings. Estate planning is about more than paperwork — it’s about protecting your assets, reducing legal headaches, and ensuring your wishes are clearly and legally documented.

At Jostock & Jostock, P.A., we help you do it right the first time. From selecting the right type of trust to properly funding it and keeping it updated, we’re here to guide you with confidence and clarity.

Ready to build a stronger estate plan?

Reach out to Jostock & Jostock, P.A. today and let our experienced team help you secure your future — with the legal protection you and your loved ones deserve.