You may have an idea for setting up your trust, but is it a good idea?
People will sometimes walk into an attorney’s office with plans for setting up a trust, but they get a negative answer which leads to problems between attorney and client. The client should listen, according to the Wills, Trusts & Estates Prof Blog in “Article on Client Dilemma — Whom Can I Trust?“
Trust law is very complicated.
For trusts to work the language used in the trust documents must be very specific and in accordance with what is legally allowed in the state that will govern the trust agreement. What often happens is that people want to do something with their trusts that the attorney knows is not a good idea for legal reasons.
The attorney is simply trying to save the client future legal problems.
Of course, people can sidestep an attorney today and create their own trusts by editing some downloaded forms. If they do that, they can do what they want with their trusts, but they cannot be certain that what they want to do is legal.
An estate planning attorney can guide you on how to accomplish your goals for a trust and how to do it legally.