Common Legal Myths About Working with a Trusts Lawyer

By Michael Hackard

We live in a world overflowing with information and misinformation. Nowhere is this more true than in the field of estate planning. Over the years, I’ve had hundreds of conversations with clients and families who approach estate planning armed with ideas they’ve gathered from the internet, television shows, or well-meaning friends. Unfortunately, many of these ideas are flat-out wrong.

Misconceptions about trusts, estate planning, and the lawyers who help create them can lead to avoidable mistakes, unnecessary delays, and lasting damage to a family’s financial well-being. And the truth is, when it comes to preparing for your family’s future, relying on a myth instead of a legal reality can be an expensive misstep.

So today, let’s dispel some of the most common legal myths about working with a trusts lawyer. Whether you’re considering your first estate plan or revisiting one written years ago, understanding the truth behind these myths will help you make informed decisions and protect your legacy.

Myth 1: Trusts Are Only for the Wealthy

This is perhaps the most widespread misconception and also the most dangerous. Many people believe that trusts are reserved for the ultra-rich or for those with multi-million-dollar estates. The truth? A trust is a legal tool, not a status symbol.

In California and many other states, a simple living trust can help a family avoid the lengthy and costly process of probate, even for estates as modest as $200,000. For a homeowner in California where even a small house can be worth $700,000 a trust is not just appropriate, it’s often essential.

Reality: If you own a home, have minor children, or care about avoiding probate and protecting your assets, a trust may be one of the most valuable documents you can have regardless of your net worth.

Myth 2: Trusts Lawyers Are Too Expensive

Legal services are an investment. And while hiring an experienced trusts lawyer does come with a cost, it’s important to compare that cost to the price of inaction or worse, poorly constructed do-it-yourself estate plans.

Probate fees can drain tens of thousands of dollars from an estate. Disputes between heirs, unclear language, or the failure to properly fund a trust can result in litigation that drags on for years. Compared to these outcomes, the cost of a skilled trusts lawyer is often modest.

Most reputable estate planning attorneys offer transparent pricing structures often flat fees for creating a trust and related documents. These fees typically include health care directives, durable powers of attorney, and will backups.

Reality: The cost of hiring a trusts lawyer is significantly lower than the potential legal and financial consequences of doing it wrong.

Myth 3: You Can Just Use an Online Form

The internet has made information more accessible but not necessarily more accurate. Online legal platforms offer fill-in-the-blank templates for wills and trusts. While these might seem convenient and inexpensive, they often fail to consider state-specific laws, changing legislation, and, most importantly, your family’s unique needs.

Many of the legal disputes we handle at Hackard Law begin with a poorly drafted or improperly funded trust created online. These trusts often lack clarity, contain contradictory clauses, or fail to address critical legal issues.

A trust is more than a document. It’s a plan. And a good plan requires the guidance of someone who has seen how things go wrong and knows how to prevent it.

Reality: Online forms might be cheap, but they can’t replace the professional judgment and experience of a trusts lawyer.

Myth 4: Once You Set Up a Trust, You’re Done

This is a particularly dangerous myth. Too many people treat estate planning as a one-time transaction, something they complete, file away, and forget. But life doesn’t stand still, and neither should your trust.

Marriages, divorces, births, deaths, changes in assets, and evolving tax laws all affect how your trust functions. A plan written fifteen years ago may be outdated or even obsolete.

An experienced trusts lawyer doesn’t just draft your plan and disappear. They should be your advisor over the years, helping you review and update your documents when needed.

Reality: Estate planning is an ongoing process. A trust should evolve alongside your life, and a good trusts lawyer helps ensure it stays effective.

“Even a living trust can fail if it isn’t properly funded, defined, and maintained. Learn more about common trust pitfalls and how to avoid litigation.”

Myth 5: If You Have a Will, You Don’t Need a Trust

Many people believe that having a will is enough to avoid probate. Unfortunately, that’s not the case. A will is essentially a letter to the probate court, it directs the court on how to distribute your assets, but it doesn’t skip the court process itself.

In contrast, a properly drafted and funded trust allows your estate to bypass probate altogether. This can save your family months or even years of legal proceedings and tens of thousands of dollars in fees.

Reality: A will does not avoid probate. If you want to ensure your family inherits without court delays, a trust is often the better option.

Myth 6: Trusts Are Public Records, Just Like Wills

Many people are surprised to learn that probate is a public process. Once your will enters the probate system, it becomes part of the public record. That means anyone including creditors, reporters, or estranged relatives can see what’s in it.

Trusts, on the other hand, are private. Their terms remain confidential, which protects not only your assets but also your family’s privacy.

Reality: A trust is a private document. A will is public. If privacy is important to you or your heirs, a trust is the way to go.

Myth 7: You Don’t Need a Lawyer if You Name a Family Member as Trustee

It’s common to appoint a family member as the trustee of your trust someone you trust to carry out your wishes. But even the most well-meaning relative can make mistakes without proper legal guidance.

Administering a trust involves accounting, tax filings, legal notices, and sometimes distributing complex or contested assets. Missteps can expose a trustee to personal liability or lead to challenges from beneficiaries.

A qualified trusts lawyer provides trustees with the legal support they need to follow the law and protect themselves.

Reality: Trustees even family members should have legal guidance. A lawyer ensures the trust is administered properly and protects everyone involved.

Myth 8: Trusts Are Only Useful After You Die

While trusts certainly serve to distribute assets after death, their value often begins during life. A living trust allows you to maintain control over your assets while designating a successor trustee to manage them if you become incapacitated.

In the event of illness or disability, this ensures continuity, avoids conservatorship proceedings, and makes it easier for your family to step in and help.

Reality: A trust protects you not only after death but also during your life, in case of incapacity.

Myth 9: Estate Planning Is Only for Older People

This myth leads too many families to delay planning until it’s too late. Estate planning is not about age, it’s about responsibility.

Young parents need trusts to name guardians for their children. Business owners need trusts to manage succession. Homeowners need trusts to avoid probate. Adults of any age need health care directives and powers of attorney in case of medical emergencies.

Reality: If you’re over 18 and have assets, children, or personal wishes for your care, you need an estate plan now, not later.

Myth 10: You Lose Control When You Create a Trust

This misunderstanding often comes up with revocable living trusts. Clients worry that once they transfer assets into a trust, they no longer own or control them.

But here’s the truth: when you create a revocable trust, you typically serve as both the grantor (the person creating it) and the trustee (the person managing it). You retain full control, you can amend, revoke, add, or remove assets as you please. Only when you die or become incapacitated does a successor trustee step in.

Reality: A revocable trust lets you keep control of your assets while giving you flexibility and protection.

The Real Role of a Trusts Lawyer

Beyond the myths, here’s what a good trusts lawyer really does:

• Listens to your concerns and goals.
• Explains complex concepts in simple terms.
• Customizes your plan to your family, assets, and values.
• Prevents legal errors and future disputes.
• Advises you as laws change and your life evolves.
• Supports your loved ones when they need guidance most.

A trusts lawyer is not just a document drafter. They’re your guide, protector, and advocate someone who helps you build a legacy rooted in clarity and compassion.

Real-World Consequences of Believing Myths

Let me share a quick story. A client once came to us after her father had passed away. He’d used a low-cost online trust kit, believing that he didn’t need a lawyer and that his estate was too small to worry about. What he didn’t realize was that the trust wasn’t properly funded, and several key assets like his house and investment accounts were left outside of it.

The result? A lengthy and expensive probate process, despite the existence of the trust. The family endured 18 months of court hearings, $30,000 in legal fees, and deepening tensions between siblings.

All of it could have been avoided with proper legal advice. This story, and many like it, underscore a simple truth: good planning costs something, but bad planning costs far more.

Debunking Myths, Preserving Legacies

The myths we’ve explored are more than harmless misunderstandings, they’re roadblocks. They prevent families from protecting themselves, from communicating clearly, and from making the best possible choices for the future.

A trusts lawyer helps lift those roadblocks. We shine light on what’s real, what’s necessary, and what’s wise. We build plans that last, not just in documents, but in outcomes.

The Danger of Oversimplification

Perhaps the most insidious myth in estate planning is the belief that simplicity is always better. Clients often come into my office asking for the “easiest” solution, the shortest document, the fastest turnaround, the cheapest plan. And I understand the impulse. But what they’re really asking for is a shortcut, not a solution.

Estate planning isn’t about simplicity. It’s about accuracy. It’s about foresight. It’s about preparing for scenarios you hope never happen but must be prepared for just the same. The truth is, no two families are the same, no two estates are identical, and no online form can foresee the intricacies of your life better than a lawyer who takes the time to understand it.

There’s also a human side to this work that’s often missed. A trusts lawyer isn’t just checking boxes; we’re thinking ahead to the questions your children will ask when you’re gone. We’re structuring your plan so that your spouse doesn’t have to fight for what’s already hers. We’re shielding your loved ones from the emotional toll of courtroom drama, creditor claims, or family feuds. That kind of insight doesn’t come from a form. It comes from experience. And it’s worth its weight in gold.

The deeper value of a good trusts lawyer lies in how we manage complexity not how we avoid it. We take complex relationships, blended families, special needs beneficiaries, vulnerable elders, and unique assets and we create a plan that works, not just in theory but in reality.

When you see estate planning through that lens not as paperwork, but as people-work, the decision to hire the right advisor becomes a matter of wisdom, not expense.

The Bottom Line on Trusts and Truth

Estate planning doesn’t have to be mysterious, and it certainly shouldn’t be driven by myths. When it comes to protecting your family and your legacy, truth matters. Legal myths no matter how common can mislead, misguide, and cause real harm.

That’s why working with a trusted, experienced trusts lawyer is so critical. We don’t just write plans, we build clarity. We dispel myths with facts, experience, and foresight. And we ensure that when the time comes, your plan works exactly as intended.

So don’t let misinformation shape your decisions. Seek the truth. Ask the hard questions. And choose a guide who walks the path with you not just as a lawyer, but as a guardian of your family’s future.

Michael Hackard is the founder of Hackard Law, a California-based firm focused on trust, estate, and elder abuse litigation. With over 40 years of experience, Michael has earned a national reputation for protecting family legacies and resolving high-stakes legal conflicts with clarity and compassion.

 Contact Hackard Law Encourage readers to reach out for personalized estate planning advice.