Can You Set Up a Trust Without an Attorney?

One of the best ways to protect your assets, keep your loved ones safe, and avoid probate is to set up a trust. You might be wondering if you can set up a trust without a lawyer as you start to look into your options. Yes, but your estate's complexity, your goals, and your situation must be taken into account.

In this blog, we'll talk about the pros and cons of setting up a trust on your own, compare online trust tools to the services of an estate planning lawyer, and answer other common questions, like whether or not you need to hire a lawyer to set up a trust. and Can I change my living trust without hiring a lawyer?

What Is a Living Trust?

If you wish to determine who will receive what after your death and preserve your assets while you are still alive, you may establish a living trust, a legal document. It may be either irrevocable (meaning it is more permanent and cannot be altered) or revocable (meaning it can be terminated or changed).

Trusts are commonly used to:

• Avoid probate

• Manage assets for children or individuals with special needs

• Plan for incapacity

• Control when and how assets are distributed

Can You Set Up a Trust Without an Attorney?

Yes, you can. There are DIY trust kits and online platforms that allow you to create a trust document without hiring a lawyer. These tools often use simple questionnaires to generate legal documents based on your input.

However, there are important limitations and risks to consider:

Pros of DIY or Online Trusts:

• Lower upfront cost

• Fast and convenient

• Useful for very simple estates with minimal assets and few beneficiaries

Cons of DIY Trusts:

• May not comply with your state’s specific laws

• Often lack custom provisions needed for blended families, special needs beneficiaries, or tax planning

• Increased risk of errors, omissions, or ambiguity

• Improper funding (i.e., not retitling assets into the trust) can make the trust useless

Living Trust Online vs. Attorney: What’s the Difference?

While online platforms might suffice for some, they can’t provide:

• Legal advice tailored to your family or financial situation

• Help coordinating with other documents like powers of attorney or advance healthcare directives

• Insight into tax implications or multi-generational planning

• Protection against litigation or beneficiary disputes

Working with an estate planning attorney ensures your trust is legally sound, comprehensive, and tailored to your needs. This is especially important if:

• You own property in multiple states

• You have minor children or children from multiple marriages

• You want to include complex conditions or distributions

• You’re concerned about Medicaid planning, asset protection, or tax liability

Do I Need an Attorney to Set Up a Trust?

Not legally. You are not required by law to hire an attorney to create a trust. But legal requirements and consequences can vary greatly depending on your situation.

For example, in Arizona, a valid trust must:

• Be in writing

• Name a trustee and beneficiary

• Clearly express the settlor’s intent

• Be signed and properly executed

An attorney helps ensure you meet these standards and avoid costly mistakes that might invalidate the trust or lead to probate disputes later.

If peace of mind, long-term savings, and legal protection are important to you, the value of working with a qualified trust attorney often outweighs the initial cost.

Can I Amend My Living Trust Without an Attorney?

Yes—if you created a revocable living trust, you can make changes as long as you’re mentally competent. These changes can include:

• Adding or removing beneficiaries

• Changing your successor trustee

• Modifying asset distribution instructions

You can make an amendment yourself by:

• Creating a written amendment document

• Referring clearly to the original trust

• Including your updated terms

• Signing and dating the amendment in front of a notary (recommended)

However, if you make frequent or complex changes, it's often cleaner and legally safer to restate the trust (i.e., create a new version that replaces the original). An attorney can help with this process to avoid inconsistencies or confusion among beneficiaries.

Note: Never attempt to cross out or handwrite changes directly on your original trust document. This could make the trust legally unclear or unenforceable.

When to Seek Legal Help for Your Trust

While setting up a trust without an attorney is possible, you should consider legal help if:

• Your estate is worth more than $500,000

• You own out-of-state or foreign assets

• You have a blended family, disabled beneficiary, or complex wishes

• You want to minimize estate taxes or avoid future disputes

• You’re unsure how to properly fund your trust

An experienced estate planning attorney can ensure your trust is set up correctly, legally valid in your state, and aligned with your broader financial goals.

Final Thoughts

So, can you set up a trust without an attorney? Technically, yes. But the better question is: Should you?

If your estate and goals are simple, an online tool may meet your basic needs. But if you want the peace of mind that comes from a legally solid, personalized plan, working with an estate planning attorney is often the best investment you can make.

At Mozell Law Group PLLC, we help Arizona families build effective, legally sound trusts that protect their legacy and their loved ones. Whether you're just getting started or need help updating a current plan, our team is here to guide you.

Contact us today to schedule a consultation and learn more about creating or amending your living trust with confidence.