My husband and I just sold our house, and the proceeds are made out to me and my father. We would like to have the money put into a trust account for my benefit. Do I need to hire an attorney to draft this trust document for me and my husband, or can I type it myself? I wouldn't want to get in trouble with the law in case I'm not doing something appropriate.
I think you are best served by hiring an experienced attorney to prepare the trust instrument for you. That way you can avoid major pitfalls that you may or may not know about. For instance, do you want a revocable or irrevocable trust? Who are the trustees going to be? What are the distribution terms? Do you want a trust protector?
You can certainly find free online forms but I would highly encourage you to stay away from them. They often cause more problems than they solve and usually only after something bad has happened when the trust terms can no longer be fixed to accurately reflect your wishes.
Again, I would advise you to hire an attorney. Some charge on a flat fee basis for drafting trusts while others charge hourly. Pick up the phone and make a few calls. You might be surprised at how affordable trusts can be.
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Hire a lawyer. Trusts are simple in concept, but very complicated in application. There are many details involved, some -- perhaps most -- you would not probably think of on your own. The attorney you hire need not be geographically in your area; any Texas attorney who drafts trusts should be able to help you. You can contact any of the attorneys here on Avvo, but you must reach out to them as attorneys are not allowed to directly solicit your business.
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I think you answered your own question -- you do not want trouble or problems now or in the future -- so working with a local estate planning attorney is the way to go.
Your local county bar association can provide you with attorney referrals.
You would be well served by hiring an attorney who is board certified in estate planning and probate law by the Texas Board of Legal Specialization to advise you on your options regarding structuring your trust after you explain your goals and objectives.
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