Why do you need a lawyer to set up a trust?

In today’s digital world, many things seem easy to do on your own, including setting up a trust. People can download templates online, use AI to make documents, or just fill out a few forms and think the trust is done. But as lawyers, we often see families coming to us after someone has passed away, asking for help to fix problems with a trust that was done without legal advice. What was meant to save legal fees ends up causing big issues, family fights, frozen assets, and high taxes, etc. So, why is hiring a lawyer to set up a trust so important?

First, having a lawyer assisted with your estate planning ensures that your trust documents meet the standards that judges look for. A trust is a legal document, and every word in it carries legal meaning. It’s not something you can fully understand using everyday logic. People without legal training often rely on online templates and articles, but these are usually simplified to make them easier to read. That means what you think the document says can be very different from how a judge will interpret it. One of a lawyer’s key roles is to understand how judges think and what they look for. Only a lawyer-reviewed trust or will can truly reflect your wishes and stand up to legal review in court.

Second, an experienced estate planning lawyer can help with both asset protection and tax planning. Passing on assets often involves tax implications, and it’s hard to understand all the tax rules if you’re doing a trust or will on your own. Many people try to save money by not hiring a lawyer, but end up paying much more in taxes, often without realizing it. I once encountered a real case where a client created their own trust but made a serious mistake. As a result, they overpaid the IRS by more than $200,000 each year for several years. This is a classic example of being “penny wise, pound foolish.”

Third, a lawyer can do something no one else can: serve as a witness and speak on your behalf in court after you have passed away. In U.S. probate court, the main thing a judge looks at is your intent. But once you’ve passed away, the only way to prove your true intent is through evidence, since you won’t be there to explain. If you create your trust or will entirely on your own, without a lawyer or legal review, anyone who challenges it later may succeed because there is no strong evidence to prove your true intent. When a lawyer is involved in your estate planning, the situation is very different. After your passing, the lawyer can appear in court or provide a sworn statement to confirm:

• You were of sound mind when you implemented your estate plan;

• You understood the trust or will you signed;

• You made your decisions freely, without undue influence;

• The document truly reflects how you wanted to distribute your assets.

  
  

This kind of legal testimony is critical in determining whether your trust or will is valid. Because lawyers are licensed professionals, they are to some extent obligated to appear in court to explain your intentions, something most other people might not be willing or able to do so. When a lawyer is directly involved in creating your estate plan, their testimony carries the highest level of credibility. No one else can provide stronger legal support than the lawyer who drafted your documents. This helps ensure your true wishes are carried out and protects your family from confusion, conflict, or court decisions that don’t reflect what you wanted.

In short, the legal fees you pay a lawyer do more than cover paperwork; they also provide trusted legal protection. You’re securing a professional witness who can stand by your estate plan when it matters most. To protect your assets and help your family avoid costly problems, it’s essential to retain a lawyer in your estate planning.