Do I Need a Trust Attorney, or Can I Set Up a Trust Myself?

A trust is a legal arrangement where a grantor (you) places assets under the control of a trustee for the benefit of someone else (your beneficiaries). Trusts can be living (revocable) or set up to take effect after death (testamentary), and they offer privacy, flexibility, probate avoidance, and sometimes tax advantages.

Keep reading to learn the legal pros and cons of working with a trust attorney or doing it by yourself with Rochford Law & Real Estate Title!

DIY Trust: The Appeal and the Pitfalls

Appeal

• Cost-savings: Do‑it‑yourself trust forms are cheap, or even free.
• Control: You’re writing it yourself; no need to explain your wishes to an attorney.
• Convenience: Easily fill out an online template from home.

Pitfalls

• Complexity: Do you choose between a revocable vs. irrevocable trust? Do you properly draft funding instructions? 
• Legal validity: Templates may miss necessary legal language specific to Tennessee.
• Funding mistakes: A trust is worthless if assets aren't properly transferred.
• Missed protections: Trusts can shield assets from creditors, preserve benefits, and avoid probate; but only if structured correctly.
• No professional guidance: You may not foresee issues like tax implications, incapacity planning, or selecting the right trustee.

When You Should Hire a Trust Attorney

You Have Significant Assets or Real Estate

Transferring property into a trust requires precise legal steps. At Rochford, our attorneys assist with deeding real estate and ensuring trust compliance.

Complex Family or Tax Circumstances

If your plan includes multiple beneficiaries, minors, blended family provisions, or tax minimization strategies, you'll benefit from experienced legal counsel.

You Want to Avoid Probate and Maintain Privacy

A well-drafted trust can keep your affairs private and streamline asset transfer after death, unlike a will which becomes public record.

You Need Specialized Trusts

Special needs trusts, dynasty trusts, and irrevocable trusts have intricate rules. Many states limit duration, and mistakes can be costly.

You Value Accuracy and Peace of Mind

You’ll have legal oversight, custom drafting, document filing, trustee selections, and avoidance of pitfalls—all supported by a team with local court experience.

How a Trust Attorney Guides the Process

This thorough process helps you avoid errors like incomplete transfers, conflicts, probate delays, or mismatched beneficiary designation: 

• Consultation: Review your family situation, assets, and goals.
• Customize your trust: Select revocable vs. irrevocable, appoint trustees, include special provisions.
• Draft and review legal documents ensuring state compliance.
• Fund the trust: Transfer bank accounts, deeds, investments correctly.
• Coordinate with other professionals like CPAs or financial planners.
• Manage ongoing administration or updates as needed.
• Provide continuity: Trustees can take over if you become incapacitated.

Common Trust Mistakes to Avoid

Don’t let small oversights cause big problems:

• Not funding the trust: Assets must be retitled in the trust’s name.
• Outdated documents: Life changes like marriage, divorce, birth of children, or new assets require updates.
• Poor trustee choices: Choose someone reliable and capable.
• Fail to plan for incapacity: Include durable powers of attorney, healthcare directives, and successor trustees.
• Overlooking local rules: Tennessee has specific rules on trust funding and durations.

How Rochford Law & Real Estate Title Can Help

Rochford Law & Real Estate Title specializes in estate planning, trusts, probate, title, and real estate law. Our estate planning team helps you craft a trust tailored to your situation, ensuring:

• Templates are customized for Tennessee law
• Assets are properly transferred into the trust
• Funds are protected from probate, creditors, and titled correctly
• Tax strategies are implemented if applicable
• Ongoing review and updates as life evolves

If your estate is simple and you just need a basic living trust, a DIY template might work. But for most families, enlisting a trust attorney is a smart move. A qualified estate planner will guide every step, guard against mistakes, and give you and your loved ones long-term security.

Ready to set up a trust with peace of mind? Contact us at Rochford Law & Real Estate Title for a free consultation!