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Can You Set Up a Trust Without an Attorney? What You Need to Know Before Doing It Yourself

With online legal services and DIY estate planning kits becoming more popular, many people ask: Can you set up a trust without an attorney? The short answer is yes—but the better question is: Should you?

A trust is a powerful estate planning tool that can protect your assets, avoid probate, and provide for your loved ones. But creating a trust isn’t as simple as filling in a few blanks on a form. If it’s not done correctly—or if you overlook key legal or financial details—you could leave your estate vulnerable to disputes, taxes, or delays.

At The Lange Firm, we help Texans create legally sound, customized trusts designed to protect their legacy. In this blog, we’ll explain how trusts work, what’s involved in setting one up, and why working with an attorney is often the smartest decision.

What Is a Trust?

A trust is a legal entity that holds and manages property or assets for the benefit of one or more people (called beneficiaries). The person who creates the trust is called the grantor, and the person who manages it is the trustee.

Common types of trusts include:

• Revocable Living Trusts – Can be changed or revoked during your lifetime
  
  
• Irrevocable Trusts – Cannot be modified after creation
  
  
• Testamentary Trusts – Created through a will and take effect after death
  
  
• Special Needs Trusts – Provide for a disabled loved one without affecting their benefits
  
  
• Charitable Trusts – Set up to benefit charities or causes
  
  

A trust allows your chosen trustee to distribute your assets without going through probate, and it can include specific instructions about how and when beneficiaries receive their inheritance.

Can You Set Up a Trust Without a Lawyer?

Technically, yes. There are DIY websites and legal forms that allow you to draft a trust without legal representation. But just because you can doesn’t mean you should.

Here’s why:

⚠️ DIY Trusts Often Miss Key Details

Generic trust templates don’t take into account your unique situation—such as blended families, business ownership, special needs children, or Texas-specific probate laws.

⚠️ Funding the Trust Is Complex

Creating the trust document is just the first step. You must “fund” the trust by retitling assets (like real estate, bank accounts, and investments) into the name of the trust. This step is commonly missed in DIY trusts—rendering them useless.

⚠️ Mistakes Can Be Costly

An improperly worded trust can lead to:

• Legal disputes
  
  
• Tax problems
  
  
• Unintended disinheritance
  
  
• Probate delays
  
  
• Invalid distributions
  
  

In many cases, fixing a poorly written trust ends up costing more than working with a lawyer in the first place.

Why You Should Hire an Attorney to Set Up a Trust

At The Lange Firm, we believe estate planning should never be one-size-fits-all. Here’s why working with a trust attorney is your best option:

✅ Personalized Legal Advice

An attorney can tailor your trust to your specific goals—whether you’re trying to avoid probate, minimize taxes, protect heirs, or support a charitable cause.

✅ Texas Law Compliance

Estate planning laws vary by state. A local attorney ensures your trust complies with Texas property, probate, and tax laws.

✅ Correct Trust Funding

We help you properly title assets in the name of the trust so it works when you need it most.

✅ Ongoing Legal Support

Life changes—marriage, divorce, new children, or buying property—may require updating your trust. When you work with The Lange Firm, you get long-term support and guidance.

✅ Avoiding Disputes

An attorney-drafted trust is less likely to be challenged by heirs or misinterpreted in court.

Common Mistakes in DIY Trusts

Without legal guidance, many people unknowingly make errors like:

• Naming the wrong type of trust
  
  
• Failing to appoint backup trustees
  
  
• Leaving out key assets
  
  
• Forgetting to update beneficiary designations
  
  
• Using unclear or conflicting language
  
  
• Assuming the trust controls all assets (like retirement accounts or life insurance)
  
  

At The Lange Firm, we’ve seen families struggle through probate and litigation because a DIY trust was incomplete or unenforceable.

When a DIY Trust May NOT Be Enough

You should definitely seek legal help if:

• You have significant assets or real estate
  
  
• You have children from multiple relationships
  
  
• You want to protect beneficiaries from creditors or lawsuits
  
  
• You own a business
  
  
• You’re concerned about estate taxes
  
  
• You’re planning for a special needs child
  
  
• You’re facing family conflict or want to prevent it
  
  

Even in “simple” estates, a small error can create big problems. A consultation with a lawyer ensures that doesn’t happen.

How The Lange Firm Can Help You Set Up a Trust in Texas

At The Lange Firm, we offer flat-fee and customized estate planning packages to help you:

• Understand your legal options
  
  
• Choose the right type of trust
  
  
• Draft a clear, enforceable trust agreement
  
  
• Fund your trust the right way
  
  
• Update your estate plan as life changes
  
  

We’ll walk you through each step, explain everything in plain language, and make sure your trust actually works when you and your family need it most.

📞 Contact us today to schedule a consultation and learn how a trust attorney can protect your legacy.

Final Thoughts

So, can you set up a trust without an attorney? Technically yes—but unless you have legal experience and a very simple estate, the risk often outweighs the reward.

✅ For something as important as your legacy, don’t take chances. Let The Lange Firm help you build a trust that’s legally sound, fully funded, and designed to serve your family for generations to come.