Trust: A General Guide
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A trust is a legal arrangement where a person or a company (trustee) holds assets for the benefit of another person or group of people (beneficiaries). It is a legal arrangement used for years to handle assets and provide for heirs. Trusts offer several advantages, including tax planning, asset protection, and the ability to manage the distribution of assets. The settler can establish trust during their lifetime or through their will, which becomes effective upon their death.
How Trusts Work
Trusts work as a legal entity created when an individual (the settlor) transfers assets to a trustee, who then handles those assets to benefit the trust's beneficiaries. They are commonly used for estate planning to ensure that assets are distributed to the intended recipients and can also provide tax benefits.
Furthermore, a trust is created when an individual (the settlor) transfers assets to a trustee to manage for one or more heirs. The trustee is accountable for handling the assets according to the terms of the trust, which are outlined in a legal paper called a trust deed. The trust deed defines the beneficiaries, the assets in the trust, and the rules controlling how the trustee should oversee the assets.
Advantages of Forming a Trust
Trust regulations can be used for different purposes, including estate planning, tax planning, asset protection, and charitable giving. The law has become increasingly prevalent because of its flexibility, the power to maintain privacy, and the security it offers to heirs. Below are some key advantages of forming trust.
- Estate Planning: A trust can allocate assets after the grantor's death. It can help avoid probate and reduce estate taxes. The grantor can also decide how the assets in the trust are to be allocated and when.
- Asset Protection: A trust can protect assets from creditors or legal activity. By transferring assets to a trust, the assets are no longer held by the person but by the trust. Thus, if the individual is sued or goes insolvent, the assets held in the trust are protected.
- Tax Planning: A trust can be created to minimize taxes. For example, a grantor can create a charitable trust that will benefit a charity and reduce the amount of taxes owed on the grantor's estate.
- Continuity of Business: A trust can be used to ensure the continuity of a business. For example, a family business can be held in a trust, and the beneficiaries can continue to run the business after the grantor's death.
- Privacy: A trust provides privacy because the assets held in the trust are not part of the public record. The beneficiaries and the assets held in the trust are only known to the trustee.
- Flexibility: A trust can be adaptable because the grantor can determine how the trust will be managed and how the assets will be distributed. The grantor can also change the terms of the trust if circumstances change.
Types of Trusts
There are several types of trusts, each with its own unique features and benefits. Some of the most common types of trusts include:
- Revocable Trusts: As mentioned earlier, revocable trusts are specified during the settlor's lifetime and can be changed or discontinued at any time. The settlor generally acts as the trustee and retains authority over the trust assets but designates one or more successor trustees to handle the assets in case of their inability or death.
- Irrevocable Trusts: Irrevocable trusts cannot be modified or terminated by the settlor once established. These trusts are often used for tax planning and asset protection, as they remove assets from the settlor's estate and provide creditor security.
- Testamentary Trusts: Testamentary trusts are specified through a person's will and become effective upon death. These trusts can be irrevocable or revocable and are usually used to provide for minor children or heirs with special needs.
- Charitable Trusts: Charitable trusts are specified to support charitable institutions and causes. These trusts offer different tax advantages, including income tax deductions and estate tax exemptions.
Key Terms for Trusts
- Settlor: A person who creates the trust and moves assets to the trustee.
- Trustee: A person or entity who holds and oversees the trust's assets for the benefit of the heirs.
- Trust Property: It refers to the assets that are held in the trust.
- Beneficiary: An individual or entity who accepts the benefits of the trust.
- Trust Instrument: The legal paper that creates the trust and sets out the terms and conditions under which it will be handled, including the allocation of assets.
- Fiduciary Duty: The trustee's lawful responsibility is to act in the heirs' best interests and control the trust assets responsibly.
- Discretionary Trust: It is a type of trust in which the trustee has discretion over the distribution of assets to the beneficiaries.
- Prudent Investor Rule: It refers to the legal regulation that mandates the trustee to invest trust assets.
- Testamentary Trust: A trust made in a will and becomes effective upon the settlor's demise.
Final Thoughts on Trusts
Trust law provides an adaptable and safe mechanism for handling and protecting assets. It offers asset protection, tax planning opportunities, estate planning benefits, management of assets for minors and people with disabilities, privacy and confidentiality, and the option for professional management. These advantages make trust law a practical tool for individuals and families looking to plan for their financial future.
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Meet some of our Trust Lawyers
Joshua B.
Josh Bernstein has been serving real estate and corporate transactional clients since 2002. His experience is varied, and he enjoys working on and puzzling out novel and complex corporate and real estate matters. Josh’s experience includes, among other things, the following: representation of public companies in connection with SEC reporting and compliance work (proxies, 10-K’s; 10-Q’s; 8-K’s, etc.); representation of public and private company securities issuances (including private placements, and other similar offerings); assistance in structuring and drafting joint ventures, both for investors and operating partners, and including both real estate and corporate ventures; handling public and private company mergers and acquisitions; and asset sales and dispositions; assisting clients, big and small, with real estate acquisitions, sales and financings; managing large-scale and multi-state real estate portfolio acquisitions, dispositions and financings; complex condominium creation, structuring and governance work, including: commercial condominiums, use of condominiums as a land planning tool, wholesale condominium property acquisitions and dispositions, and rehabilitating failed or faulty condominium legal structures to make ready for sale; development of restrictive covenants and owners’ association documents for master-planned communities; compliance with federal statutes governing real estate sale and development (including, without limitation, the Interstate Land Sales Full Disclosure Act, the Housing for Older Persons Act, and the Americans with Disabilities Act); representation of real estate lenders, for both improved and unimproved property, and including numerous construction financings secured by real estate; assistance with commercial leasing; from both the landlord and tenant side, and including condominium leasing; training residential home and condominium sales staff for compliance with applicable local and federal law; and workouts of all kinds. When he’s not busy lawyering, Josh may be found watching 80’s commercials, flying a single-engine plane, playing poker, or trying to be a good dad.
"Josh has been extremely helpful sorting through issues with a tenant."
Ryan W.
Ryan A. Webber focuses his practice primarily on Estate Planning, Elder Law, and Life Care Planning. His clients range from young families concerned about protecting their family as well as aging individuals. Ryan provides Estate Planning, Trust Planning, Special Needs Planning, Public Benefit Planning, and Estate Administration. Ryan focuses on the holistic approach to the practice of elder law which seeks to ensure clients are receiving good care when needed and that they preserve enough assets with which to pay for such care. Many families and individuals also come to Ryan for preparation of their wills, power of attorney, and healthcare guidance documents. Additionally, Ryan assists small and medium sized business owners with their organizational and planning needs. From starting or winding down a business, Ryan provides quality business advice.
"Ryan helped me better understand my contract (he explained the legalese) and potential issues relating to it. He noticed things I wouldn't have noticed."
Rebecca S.
I absolutely love helping my clients buy their first home, sell their starters, upgrade to their next big adventure, or transition to their next phase of life. The confidence my clients have going into a transaction and through the whole process is one of the most rewarding aspects of practicing this type of law. My very first class in law school was property law, and let me tell you, this was like nothing I’d ever experienced. I remember vividly cracking open that big red book and staring at the pages not having the faintest idea what I was actually reading. Despite those initial scary moments, I grew to love property law. My obsession with real estate law was solidified when I was working in Virginia at a law firm outside DC. I ran the settlement (escrow) department and learned the ins and outs of transactions and the unique needs of the parties. My husband and I bought our first home in Virginia in 2012 and despite being an attorney, there was so much we didn’t know, especially when it came to our HOA and our mortgage. Our real estate agent was a wonderful resource for finding our home and negotiating some of the key terms, but there was something missing in the process. I’ve spent the last 10 years helping those who were in the same situation we were in better understand the process.
"Rebecca you were awesome I appreciate you working with me and helping me get this done. I look forward to working with you in the future."
Samuel R.
My career interests are to practice Transactional Corporate Law, including Business Start Up, as well as Real Estate Law, Estate Planning Law, and Intellectual Property Law. I am currently licensed in Arizona, Pennsylvania and Utah, after having moved to Phoenix from Philadelphia in September 2019. I currently serve as General Counsel for a bioengineering company. I handle everything from their Business Transactional Agreements, Private Placement Memorandums, and Corporate Structures to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. Responsibilities include writing and executing agreements, drafting court pleadings, court appearances, mergers and acquisitions, transactional documents, managing expert specialized legal counsel, legal research and anticipating unique legal issues that could impact the Company. Conducted an acquisition of an entire line of intellectual property from a competitor. In regards to other clients, I am primarily focused on transactional law for clients in a variety of industries including, but not limited to, real estate investment, property management, and e-commerce. Work is primarily centered around entity formation and corporate structure, corporate governance agreements, PPMs, opportunity zone tax incentives, and all kinds of business to business agreements. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I was selected to the Super Lawyers Southwest Rising Stars list for 2024 - 2026. Each year no more than 2.5% of the attorneys in Arizona and New Mexico are selected to the Rising Stars. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, and also trademark registration and licensing.
"Thanks Samuel for your thorough review of my materials. I'm incredibly impressed by your prompt turnaround in drafting my letter. The letter captured the facts perfectly and struck exactly the right tone."
Anand A.
Anand is an entrepreneur and attorney with a wide-ranging background. In his legal capacity, Anand has represented parties in (i) commercial finance, (ii) corporate, and (iii) real estate matters throughout the country, including New Jersey, Pennsylvania, Delaware, Arizona, and Georgia. He is well-versed in business formation and management, reviewing and negotiating contracts, advising clients on financing strategy, and various other arenas in which individuals and businesses commonly find themselves. As an entrepreneur, Anand is involved in the hospitality industry and commercial real estate. His approach to the legal practice is to treat clients fairly and provide the highest quality representation possible. Anand received his law degree from Rutgers University School of Law in 2013 and his Bachelor of Business Administration from Pace University, Lubin School of Business in 2007.
"Anand was a pleasure to work with! He was very thorough and professional."
May 19, 2026
Lawrence E.
Attorney, Mediator & Strategic Advisor with 25+ years of experience helping clients navigate high-stakes decisions, negotiations, and litigation. I work with business owners and individuals to assess risk, structure agreements, and avoid costly mistakes before they escalate. My approach combines litigation experience, negotiation strategy, and practical judgment to help clients reach efficient, favorable outcomes. Known for clear communication and the ability to break down complex issues into straightforward, actionable decisions.
DC L.
Darren Craig ("DC") Lamb is the Founder and Managing Partner of DCL Legal, AI, & Business Consulting, a Nashville-based law firm serving entrepreneurs, founders, and growing businesses as outside general counsel. Licensed in TN, KY, and IN, Darren previously served as lead associate at Wilson Elser (AmLaw 200), handling all litigation for a Fortune 500 e-commerce company across KY, IN, and TN, and managing complex coverage matters for a leading international insurance market. DCL Legal focuses on business litigation, commercial contracts, corporate governance, AI & technology advisory, and fractional general counsel engagements — delivering executive-level legal guidance without the cost of full-time in-house counsel.
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Trust
Washington
Can a trustee be held personally liable for the debts of a trust?
Can a trustee be held personally liable for the debts of a trust? I recently became the trustee of my late father's trust, which includes significant financial assets. However, the trust also has outstanding debts that exceed its assets, and I am concerned about my personal liability in case the creditors come after me for repayment. I want to understand my legal obligations and potential risks as a trustee in this situation.
Merry K.
As long as you do everything "by the book" (good record-keeping, etc) you have no personal liability in regards to debt/obligations of your father's estate, including the trust. Here's the gist for Washington State: You're protected from personal liability as long as you're acting as the trustee and not doing anything outside the scope of your authority or behaving negligently. You need to manage the trust's assets and debts according to the trust document and the law. If you mess up here, there could be some risk of liability. Always make it clear that you're acting as the trustee and not in a personal capacity. This helps keep the lines clear, so creditors and others know you're acting on behalf of the trust. If you mismanage the trust or engage in any kind of misconduct, you could be held personally liable for any losses that result. If the trust's debts are greater than its assets, you'll need to prioritize paying off those debts before distributing anything to the beneficiaries. You might also need to: Pay Debts: Use the trust’s assets to settle any outstanding debts. Talk to Creditors: Let the creditors know about the trust's financial situation and try to work out payment plans or settlements if necessary. If you're worried about personal liability or need help managing the trust's debts, it might be a good idea to talk to an attorney who specializes in trust and estate law. They can give you specific advice and help make sure you're doing everything by the book. Most trusts list a first, second, and third choice of trustee. If that's the situation with your father's trust, you can ask to work with the other people listed, or ask them to take responsibility instead of you. However, your father named you for a reason, as his first choice. After I answer certain Contracts Counsel questions, I'm sometimes asked to bid on a project. Please be aware that my schedule does not allow me to take on your matter, should you need help. One way to find attorneys in this field, in addition to Contracts Counsel, is through this organization: naela.org Best wishes, Merry
Trusts
Trust
Florida
Can a trust be modified to remove a beneficiary?
I am the trustee of a family trust, and one of the beneficiaries has engaged in behavior that is detrimental to the trust and its purpose, including misusing trust assets and refusing to cooperate with other beneficiaries. I am concerned about the negative impact this beneficiary's actions are having on the trust, and I would like to know if it is possible to modify the trust to remove this beneficiary and distribute their share to the remaining beneficiaries.
Tanasia T.
As the Trustee, you have a fiduciary responsibility to manage and protect trust assets, so it is good on you that you are wanting to take action. However, what you are able to do largely depends on the type of trust (revocable or irrevocable) and the explicit terms of the trust. Generally, a revocable trust may be modified by the settlor at any time. So, if you are the trustee and also the settlor, you have the inherent authority to make modifications to the beneficiaries. If it is an irrevocable trust, it may be modified with the consent of all parties (beneficiaries including the beneficiary that you want removed) or by order of the Court.
Estate Planning
Trust
Florida
Can a trust be contested after the death of the person who created it?
Can a trust be contested after the death of the person who created it? I recently discovered that my late grandmother had created a trust before her passing, and I am concerned about its validity and the distribution of assets. There are certain family members who were excluded from the trust, and I suspect they may try to contest it now that my grandmother is no longer alive. I want to understand my rights and options in case a dispute arises regarding the trust.
Lori B.
You will need to review the Trust Agreement carefully. A Trust usually cannot be contested after the grantor dies. If the trust agreement was drafted correctly, it appoints a successor trustee to take over the trust and the trust assets. In other words, the trust continues to operate.
Estate Planning
Trust
Massachusetts
How can I set up a trust to protect my assets?
I am a business owner and have accumulated significant assets over the years. With the increasing risks and uncertainties in the business world, I am concerned about protecting my assets from potential lawsuits, creditors, and other unforeseen circumstances. I have heard that setting up a trust can provide a level of asset protection, but I am unsure about the process and the different types of trusts available. I would like to consult with a lawyer to understand how I can establish a trust that safeguards my assets while still allowing me to have control and access to them.
Joseph M.
There are numerous forms of Trust that are available depending on the specific assets and your unique goals. Generally speaking, the two main types of trusts are Revocable and Irrevocable. WIth a Revocable Trust, just like it sounds, as trustee you can remove the assets at some point if you so chose, but if you are to pass away or become incapacitated at some point, it reverts to being Irrevocable. An Irrevocable Trust is one in which the grantor transfers all ownership interests to the Trust itself and this act is irreversible. As I am sure you guessed, there are a myriad of ways that your goals can be achieved and I would be happy to provide a free consultation to discuss your situation and possible solutions.
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I’m a beneficiary to a trust & having problems with trustee’s attorney
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Service: Contract Review
Doc Type: Trust
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Bid Range: $350 - $599
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