How to Choose the Right Trusts Lawyer for Your Situation

By Michael Hackard

Planning your estate isn’t something most people look forward to. It’s a process that forces us to confront questions about our mortality, our families, and our values. But it’s also one of the most important investments you can make not only in your legacy, but in the security and peace of mind of the people you care about most.

At the center of this process is one critical decision: choosing the right trust lawyer.

This isn’t a decision to be taken lightly. Trusts are not one-size-fits-all documents. They are legal instruments that require precision, foresight, and a deep understanding of your unique circumstances. A poorly drafted trust can lead to confusion, litigation, and unintended consequences. A well-crafted one can preserve harmony, avoid unnecessary taxes, and protect your loved ones for generations.

In my four decades of experience as a trusts and estates litigator, I’ve seen both sides: the plans that work, and the ones that fail. I’ve seen families strengthened by clarity and torn apart by uncertainty.

So how do you choose a lawyer who will safeguard your vision and truly serve your family’s future?

Let’s walk through what to look for, the questions to ask, and the red flags to avoid.

What Is a Trusts Lawyer?

A trusts lawyer is an attorney who specializes in creating and managing trusts, legal entities that hold property for the benefit of others. These trusts can be revocable or irrevocable, and they can serve a range of purposes:

Avoiding probate
Managing assets during incapacity
Reducing estate and gift taxes
Protecting beneficiaries from creditors or divorce
Providing for special needs family members
Supporting charitable goals
Ensuring long-term care and generational wealth

A competent trusts lawyer doesn’t just draft documents. They listen. They plan. They integrate financial, legal, and emotional realities into a strategy that reflects your values and protects your estate.

Why Choosing the Right Lawyer Matters

Your estate plan is only as strong as the person who creates it. A misstep here can have lifelong or even generational consequences.

Here’s what’s at stake:

Legal Validity: Each state has specific laws governing trusts. A poorly drafted trust may be contested or invalidated.
Tax Efficiency: The right lawyer can help reduce or eliminate estate, gift, and income taxes through proper structuring.
Asset Protection: Mistakes in funding or managing a trust can expose assets to creditors, lawsuits, or divorce settlements.
Family Harmony: Ambiguity in your documents can lead to disputes among beneficiaries, especially in blended families or high-conflict situations.

A good lawyer prevents problems. A great lawyer sees them before they appear and builds safeguards into your plan.

Key Qualities to Look for in a Trusts Lawyer

Now that we understand what’s at stake, let’s explore the qualities that matter most when selecting a trusts lawyer.

1. Specialization and Experience

Trust law is complex and constantly evolving. Choose an attorney who dedicates a significant portion of their practice to estate planning and trust creation, not someone who dabbles in multiple practice areas.

Look for:

Years of practice in estate and trust law
Advanced legal degrees (LL.M. in taxation or estate planning)
Memberships in bar associations or estate planning councils
Experience with high-net-worth, blended families, or special needs planning (if applicable)

Ask how many trusts they’ve drafted, and whether they’ve seen their plans go into effect. A lawyer who also handles trust litigation often has valuable insight into what actually works and what goes wrong.

2. Ability to Customize Plans

No two families are alike. Your lawyer should ask deep questions about:

Your family dynamics
Your values and goals
Asset composition (real estate, business, retirement, crypto, etc.)
Potential risks (divorce, disability, addiction, etc.)
Special needs, charitable goals, or generational concerns

Beware of firms that only offer “packages” or fill-in-the-blank forms. A trust is not a product, it’s a relationship-based tool that requires careful thought and tailored solutions.

3. Clear Communication

Trust planning involves complex concepts. Your lawyer should explain things clearly, in language you understand. They should be patient, thorough, and responsive to your questions.

Look for someone who:

Listens more than they talk
Communicates in plain English
Returns calls and emails promptly
Provides written summaries or visual flowcharts of your plan

Good communication now prevents misunderstandings for you, your family, and your future trustee.

4. Focus on Education and Empowerment

A lawyer’s job isn’t just to create documents. It’s to make sure you understand them.

Ask if they provide:

Written guides or explanations of your trust
Instructions for funding your trust (titling assets, updating beneficiaries, etc.)
Ongoing review or maintenance plans
Educational sessions for your future trustees or beneficiaries

The best lawyers equip you to make informed decisions today and, in the years, to come.

5. Reputation and Reviews

In this field, reputation matters. Look for lawyers who are:

Highly rated on platforms like Avvo, Martindale-Hubbell, or Google
Recommended by financial advisors or other professionals
Willing to provide references or testimonials

Don’t be afraid to ask for examples of past cases or client outcomes (keeping in mind privacy limitations). A right trust lawyer is transparent about their experience and credentials.

Questions to Ask Before You Hire

Use your consultation to assess both the technical skill and the personal fit. Here are key questions to ask:

How long have you been practicing trust and estate law?
How much of your practice is devoted to trust planning?
What types of clients do you usually work with?
How do you charge for your services—flat fee or hourly?
What is your process for designing and implementing a trust?
Do you offer support for funding the trust?
Will you review the plan with my family or fiduciaries?
How often should the trust be reviewed or updated?
What happens if laws change or if I move to another state?
Do you also handle trust litigation or disputes?

These questions help you uncover not just competence but character, approach, and philosophy.

Red Flags to Avoid

Not all lawyers are created equal. Be cautious if:

They don’t specialize in trust or estate law.
They guarantee tax savings without reviewing your full financial picture.
They push aggressive asset protection strategies without context.
They seem more interested in closing a sale than learning your story.
They offer ultra-low prices that undercut market rates, quality matters here.

The cost of bad planning is far greater than the price of good planning.

Further Reading:
Learn why myths about cost, online forms, and neglecting trust maintenance can lead to serious legal and emotional consequences. Read “Common Legal Myths About Working with a Trusts Lawyer” for clarity, accountability, and strategies to avoid pitfalls

Tailoring Your Choice to Your Situation

Every client has a different starting point. Here’s how to think about your unique needs:

1. Blended Families

Choose a lawyer who understands the tension between biological children and step-relations. Your trust must protect both fairness and clarity.

2. Business Owners

Look for someone experienced in business succession planning. They should know how to value, transfer, and structure business interests.

3. High Net Worth Families

You need someone who understands tax law, charitable giving, and advanced strategies like GRATs, IDGTs, or SLATs.

4. Special Needs Planning

Seek a lawyer with experience in special needs trusts, government benefit preservation, and care coordination.

5. Modest Estates

Even if your assets are modest, a trust can simplify probate and protect privacy. Look for a lawyer who respects all levels of wealth and offers affordable, transparent pricing.

Real-Life Example: One Family, Two Lawyers, Two Outcomes

Consider this story:

Samantha, a widow with two adult children, wanted to leave her modest estate equally between her kids. She chose a lawyer who offered a low-cost “living trust package” without fully understanding her situation. No one helped her retitle her home or update her retirement account beneficiaries.

When she passed, the trust didn’t control the home (which was still in her name) or her IRA (which named her ex-husband as beneficiary). The result? Probate, family confusion, and a prolonged legal fight.

Contrast that with Helen, a similarly situated client who hired a lawyer who walked her through every step, helped her fund her trust, and even hosted a meeting with her children to explain the plan.

When Helen passed, her children executed the plan flawlessly and remained close.

The difference wasn’t money. It was legal guidance and heart.

Long-Term Relationships Matter

Choosing a trusts lawyer isn’t a one-time decision. Your relationship may span decades. As your family grows, laws change, and your assets evolve, you’ll need someone who:

Knows your history
Keeps your plan current
Supports your trustees and beneficiaries
Navigates future complexities with insight and care

That kind of lawyer becomes a quiet guardian of your legacy.

Planning with Purpose, Not Just Paper

A well-drafted trust doesn’t just manage wealth it manages expectations. It prevents small misunderstandings from becoming large conflicts. It balances fairness with foresight. And it ensures your legacy is defined not by uncertainty, but by intention.

Too often, I’ve seen families torn apart because no one had the courage to start the conversation, or because someone trusted the wrong advisor to finish it. Documents created in haste or copied from online templates may check a box, but they rarely stand up to the weight of real-life challenges.

That’s why choosing a trusts lawyer is, at its heart, an act of stewardship. It’s the recognition that your legacy deserves more than boilerplate. It deserves reflection, precision, and compassion.

Whether your estate is complex or modest, your lawyer should treat it with equal care because behind every trust is a lifetime of work, love, and sacrifice.

You’re not just planning for death. You’re planning for continuity. You’re laying a foundation that the next generation will build upon financially, emotionally, and legally.

Choose someone who respects that responsibility. Because your family’s future is too important to leave to chance.

Choosing a Lawyer Who Grows with You

When we talk about choosing the right trust lawyer, we’re not just talking about finding someone who can draft a document today. We’re talking about finding someone who will still be there tomorrow and ten years from now when your circumstances evolve and your estate planning needs a second or third look.

Estate planning is not a one-and-done proposition. Life moves on. Children grow up, get married, or start families of their own. Business ventures are launched or sold. Real estate is acquired, family members pass away, and laws change sometimes dramatically. The lawyer you choose should not only be skilled at drafting a trust but also committed to maintaining a lasting professional relationship with you and your family.

A good trusts lawyer will reach out periodically to check whether your plan still reflects your life. They’ll offer updates as tax laws shift, review beneficiary designations, and recommend changes that keep your estate protected and relevant. They become a trusted part of your advisory team alongside your financial planner, CPA, and insurance agent.

Perhaps most importantly, a long-term trusts lawyer builds continuity for your family. When the time comes to administer the trust, your children or fiduciaries won’t be forced to navigate a plan drafted by a stranger. They’ll have someone who knows the history, who can explain your intentions, guide the process, and resolve conflicts before they become legal crises.

This kind of continuity brings stability. And in an often unpredictable world, stability is one of the most meaningful gifts you can give your loved ones.

So don’t just hire a lawyer to “get the job done.” Hire someone who understands the responsibility that comes with safeguarding your legacy and who’s prepared to walk that road with you for years to come.

Secure Your Future, Protect Your Loved Ones

Choosing the right experienced trust lawyer isn’t just about legal technicalities. It’s about trust in the truest sense of the word. You’re entrusting someone with your hopes, your assets, your family’s future.

The right lawyer will give you more than a document. They’ll give you confidence. Clarity. And the peace of knowing that your legacy is secure, your intentions are honored, and your loved ones are protected no matter what lies ahead.

Take the time to choose wisely. Ask the hard questions. Insist on excellence. Because your family deserves nothing less.

Need tailored, reliable trust planning guidance?
Contact Hackard Law Today — our experienced trusts and estate attorneys are ready to help customize and protect your legacy with care.

Michael Hackard is the founding attorney of Hackard Law, a California-based law firm focusing on estate, trust, and elder financial abuse litigation. With more than 40 years of experience, Michael has helped families navigate the intersection of legacy, law, and personal responsibility with integrity and compassion.