Estate Law

What Kind of Lawyer Sets Up a Trust?

Discover the type of lawyer who sets up a trust and learn about the benefits of trust planning with a qualified attorney.

Introduction to Trust Lawyers

A trust lawyer, also known as an estate planning attorney, is a type of lawyer who specializes in setting up trusts and other estate planning documents. These lawyers have extensive knowledge of trust law and can help individuals create a trust that meets their specific needs and goals.

Trust lawyers can assist with various types of trusts, including revocable living trusts, irrevocable trusts, and special needs trusts. They can also help with trust administration and probate, ensuring that the trust is properly managed and distributed according to the grantor's wishes.

Benefits of Working with a Trust Lawyer

Working with a trust lawyer can provide numerous benefits, including ensuring that the trust is properly set up and managed. A trust lawyer can help individuals avoid common mistakes that can lead to costly probate or disputes among beneficiaries.

A trust lawyer can also help individuals minimize taxes and protect their assets from creditors. By creating a trust, individuals can ensure that their assets are distributed according to their wishes, rather than being subject to the laws of intestacy.

Types of Trusts Set Up by Lawyers

There are several types of trusts that a lawyer can set up, including revocable living trusts, irrevocable trusts, and special needs trusts. A revocable living trust is a type of trust that can be amended or revoked during the grantor's lifetime.

An irrevocable trust, on the other hand, is a type of trust that cannot be amended or revoked once it is created. Special needs trusts are designed for individuals with disabilities and can help them qualify for government benefits while still providing for their care and well-being.

The Trust Setup Process

The trust setup process typically begins with a consultation between the individual and the trust lawyer. During this consultation, the lawyer will discuss the individual's goals and objectives and help them determine which type of trust is best for their situation.

Once the type of trust is determined, the lawyer will draft the trust document and ensure that it is properly executed. The lawyer will also help the individual fund the trust by transferring assets into it.

Finding the Right Trust Lawyer

Finding the right trust lawyer is essential to ensuring that the trust is properly set up and managed. Individuals should look for a lawyer who has experience in trust law and estate planning.

It is also important to find a lawyer who is a good fit for the individual's needs and personality. The lawyer should be able to explain complex legal concepts in a clear and concise manner and be available to answer questions and provide guidance throughout the trust setup process.

Frequently Asked Questions

What is the difference between a trust and a will?

A trust and a will are both estate planning documents, but they serve different purposes. A will distributes assets after death, while a trust can distribute assets during lifetime and after death.

Do I need a lawyer to set up a trust?

While it is possible to set up a trust without a lawyer, it is highly recommended to work with a qualified trust lawyer to ensure that the trust is properly set up and meets the individual's specific needs and goals.

How much does it cost to set up a trust?

The cost of setting up a trust can vary depending on the type of trust and the complexity of the estate. On average, the cost of setting up a trust can range from $1,000 to $5,000 or more.

Can I set up a trust online?

While there are online resources available to help individuals set up a trust, it is generally not recommended to set up a trust without the guidance of a qualified trust lawyer.

What are the benefits of a revocable living trust?

A revocable living trust can provide numerous benefits, including avoiding probate, minimizing taxes, and protecting assets from creditors.

How do I find a trust lawyer near me?

To find a trust lawyer near you, you can search online, ask for referrals from friends or family members, or check with the local bar association for a list of qualified trust lawyers in your area.