Planning For The ‘What-Ifs’

Can someone create their own trust without a lawyer?

On Behalf of | Dec 19, 2022 | Trusts

There have always been people who will try to handle even very skilled tasks without professional support as a way of saving money. The internet has made this behavior more common. The rise of forums where people advise one another, instructional websites and step-by-step tutorial videos have left people thinking they can do everything from plumbing their own houses to handling their own legal matters.

People try to draft wills on their own without legal support, and sometimes these people end up creating documents that are not valid or enforceable. Trusts are more complex than the average will, which means the possibility of making a mistake is even more significant with a trust that a will. Is it legal for people in Arizona to create their own trusts?

State law does not technically require an attorney

If you look at state code and what makes a trust valid, the focus is exclusively on the contents of the trust paperwork not on the licensing of the person who created the documents. However, it will be exceptionally difficult for someone without a professional legal background to create trust documents that will absolutely hold up in probate court.

The more complicated your situation is, whether you have complex assets or stressful family relationships, the more important it becomes to have professional support while creating trusts and other estate planning documents.

An attorney helping you draft a trust can explain what type of trust would be best given your estate planning goals. They can help you come up with solutions for funding the trust and help ensure that your documents would hold up in court even if someone were to try to challenge them.

Saving money won’t help if your legacy ends up destroyed

The cost of working with a professional to draft your trust documents will pale in comparison to what your loved ones and intended beneficiaries might lose if you don’t create a legally sound document. When you hire a lawyer, you pay for peace of mind and accurate information.

Your lawyer will be able to help you achieve your estate planning goals and protect the people that you love. Getting the right help when creating and funding a trust can make a major difference for you during the estate planning process.