Trust Law

Table of Contents

Trust Law

Trust law is the body of rules that governs legal arrangements where one person (a trustee) holds and manages property for the benefit of someone else (a beneficiary), under instructions set by the person who created the trust (the settlor or grantor). Trusts are widely used in estate planning, asset protection, tax planning, business succession, and providing for vulnerable family members, so understanding the basics of trust law is critical if you own a home, have savings, or care for others.^1 ^3

At its core, trust law defines how trusts are created, what powers and duties trustees have, what rights beneficiaries enjoy, and what happens when someone breaches those duties. The most important takeaway is that a trust is a fiduciary relationship: the trustee must follow the trust’s terms and act in the best interests of the beneficiaries, and serious legal consequences follow if they do not.^5 ^3 ^8

This guide will walk you through what trust law is and how it works, key types of trusts, common problems and how they arise, the real financial and emotional costs of getting it wrong, practical options and strategies, and detailed FAQs. Along the way, you’ll see references to leading frameworks like the Restatement (Third) of Trusts and the Uniform Trust Code (UTC), which shape modern trust law in many U.S. states. Working with an experienced trust and estate attorney who understands these rules can help you design the right structure, avoid costly mistakes, and resolve disputes efficiently when they do arise.^9 ^10 ^8

What Is Trust Law and How Does It Work?

Trust law governs the creation, administration, and enforcement of trusts, which are legal relationships where a settlor transfers property to a trustee to hold and manage for the benefit of one or more beneficiaries. The trust property (also called the corpus or trust estate) can include real estate, investment accounts, business interests, life insurance proceeds, and other assets.^2 ^1

Key parties and components

In a typical trust, there are three core roles:

Settlor / Grantor / Trustor – the person who creates the trust and contributes the assets.^3
Trustee – the person or institution that holds legal title and manages the trust property under the trust document and applicable law.^1
Beneficiary – the person(s) or organization(s) who are entitled to benefit from the trust according to its terms.^3

The trust instrument (or deed of trust) sets out the trustee’s powers, the distribution rules, and any conditions or protections (such as spendthrift provisions), and trust law fills in default rules and mandatory fiduciary duties.^8 ^3

Governing rules and frameworks

In common‑law jurisdictions, much of trust law comes from judge‑made law and influential summaries like the Restatement (Third) of Trusts, which covers the nature of trusts, beneficiaries’ rights, trustee duties, breach of trust, and remedies. Many U.S. states have also adopted versions of the Uniform Trust Code, which modernizes and codifies trust creation, modification, administration, and fiduciary standards.^10 ^8

Trusts are also affected by state probate and property statutes, creditor and debtor laws, and federal tax rules—especially the Internal Revenue Code provisions on income, gift, and estate taxation.^11

Common types and variations

Trusts can be classified in several overlapping ways:^11

Inter vivos (living) vs. testamentary: A living trust is created during the settlor’s lifetime; a testamentary trust is created by a will and takes effect at death.^3
Revocable vs. irrevocable: A revocable living trust can generally be amended or revoked by the settlor while alive; an irrevocable trust is much harder to change, which can offer stronger asset protection and tax benefits.^12 ^11
Specialized trusts: Common examples include special needs trusts, spendthrift trusts, discretionary trusts, charitable remainder or lead trusts, and asset protection trusts.^14 ^12

General process flow

In broad strokes, trust law governs a life cycle that usually looks like this:

Planning and drafting – settlor works with counsel to choose trust type and terms.
Execution – settlor signs the trust instrument and formally creates the trust.
Funding – assets are retitled or assigned into the trust.
Administration – trustee manages investments, keeps records, and makes distributions according to the trust and law.
Change or termination – trust may be amended (if revocable), modified by court, or terminated when its purpose is fulfilled or under statute.

For example, in a typical revocable living trust, a couple transfers their home and accounts into the trust, serves as their own initial trustees, and names a successor trustee to step in at incapacity or death to manage and distribute assets without a full probate process.^12 ^14

9 Key Things to Know About Trust Law (And How It Can Go Wrong)

1. Choosing the Right Type of Trust

One of the most common issues in trust law is choosing the wrong type of trust for your goals—or not using a trust at all when one would help. Revocable living trusts are popular because they allow the settlor to retain control and flexibility during life while helping avoid probate, but they generally do not provide strong asset protection from the settlor’s creditors. Irrevocable trusts, by contrast, can provide creditor protection and estate tax benefits, but only if you are willing to give up significant control and if the trust is structured correctly under state law.^13 ^2 ^12

Specialized trusts add another layer of complexity: special needs trusts protect eligibility for public benefits, spendthrift trusts reduce beneficiaries’ access and shield assets from their creditors, and charitable trusts blend philanthropy with tax planning. Using the wrong structure—for example, leaving an outright inheritance to a child with disabilities instead of using a special needs trust—can unintentionally cause loss of government benefits or expose assets to creditors and mismanagement.^4 ^12

To handle this well, you need a clear understanding of your objectives (control vs. protection vs. tax vs. simplicity) and a trust and estate lawyer who can map those goals to specific trust types under your state’s statutes and case law.^2

2. Properly Funding the Trust

A beautifully drafted trust that is never funded with assets is one of the most tragic and common failures in estate and trust planning. Funding means re‑titling property—such as your home, brokerage accounts, or business interests—into the name of the trust, or naming the trust as beneficiary for certain assets like life insurance or retirement accounts where appropriate.^4 ^3

When people sign a revocable living trust but leave their key assets in their own individual names, those assets may still have to go through probate and may not be governed by the trust’s distribution rules. Similarly, failing to coordinate beneficiary designations on retirement plans and insurance with your trust plan can lead to accidental disinheritance or unfavorable tax treatment.^14 ^11

From a trust law perspective, courts look at what property is actually held in or payable to the trust when enforcing trustee duties and beneficiary rights. Funding is typically not “one and done”; you need to update titling and designations after refinancing, opening new accounts, or experiencing life changes. A good practice is to have your attorney provide a funding checklist and review, and to schedule periodic updates to keep everything aligned.^7 ^4

3. Trustee Fiduciary Duties (and How Breaches Happen)

Trustees are fiduciaries, meaning they must act loyally and prudently for the benefit of the beneficiaries, follow the trust terms, avoid conflicts of interest, and keep and provide accurate accounts. The Restatement (Third) of Trusts and many state trust codes impose duties such as the duty of loyalty, duty of impartiality among beneficiaries, duty of prudent investment, and duty to keep beneficiaries reasonably informed.^9 ^8 ^3

Breach of trust can occur in many ways: misappropriating assets, self‑dealing, failing to diversify investments, ignoring distribution standards, or simply failing to keep records and provide required accountings. Consequences can include a court “surcharging” the trustee (ordering reimbursement for losses), removing the trustee, compelling specific actions, or in extreme cases imposing double damages for bad‑faith misconduct under some state laws.^6 ^7

Many breaches are not outright theft; they arise from an inexperienced family member agreeing to act as trustee without understanding their fiduciary obligations or the applicable prudent investor standards. Choosing a capable trustee, providing clear guidance, and ensuring they obtain legal and investment advice when needed are crucial to avoiding personal liability for the trustee and losses for the beneficiaries.^5 ^8

4. Beneficiary Rights and Trust Disputes

Beneficiaries under modern trust statutes typically have rights to receive information, periodic accountings, and distributions in accordance with the trust terms. When beneficiaries suspect mismanagement, self‑dealing, or unfair treatment, they may bring claims in probate or civil court to compel an accounting, challenge transactions, or remove the trustee.^6 ^7

Litigation against trustees often focuses on whether the trustee complied with their fiduciary duties—in particular, whether they followed distribution standards, invested prudently, and acted impartially among multiple beneficiaries. Courts can order the trustee to remedy improper actions, return assets, pay damages, or, if necessary, resign in favor of a replacement.^7 ^6

Because trust disputes can be emotionally charged family conflicts layered on top of complex legal standards, they are expensive and draining if allowed to escalate. Clear drafting (for example, defining distribution standards and discretion), transparent communication, and early consultation with counsel when issues arise dramatically reduce the risk of protracted litigation.^10 ^9 ^7

5. Asset Protection and Creditor Issues

Many people turn to trust law for asset protection, but the rules are nuanced and vary by jurisdiction. Generally, you cannot simply move assets into a trust at the last minute to avoid known creditors or lawsuits; fraudulent transfer laws can unwind such transfers. Properly structured asset protection trusts (often irrevocable and sometimes formed under specific state statutes) can, however, shield assets from future creditors while still allowing some benefit to the settlor.^13

Spendthrift and discretionary trusts can protect a beneficiary’s interest from their own creditors because the beneficiary does not have a direct right to demand distributions or assign their interest. In many states, creditors cannot reach trust assets before they are distributed if a valid spendthrift clause is in place, although exceptions may exist for certain claims like child support or alimony.^14 ^4

Trust law interacts with other asset protection tools—including exemptions, LLCs, and retirement plans governed by ERISA—so a coordinated strategy is essential. Misusing trusts or over‑promising “bulletproof” protection can backfire, resulting in court orders unwinding transfers and, in extreme cases, sanctions for abusive schemes.^15 ^4

6. Tax Considerations (High‑Level Only)

Trusts can have significant income, gift, and estate tax consequences, but the rules are highly technical and depend on the trust’s structure and applicable federal and state law. For example, income tax rules differ between grantor trusts, where the settlor is treated as the owner for tax purposes, and non‑grantor trusts, which are taxed as separate entities with compressed tax brackets.^11

Irrevocable trusts may remove assets from the settlor’s taxable estate when properly structured, which can be useful for high‑net‑worth individuals, but loss of control, gift tax rules, and generation‑skipping transfer tax planning must all be considered. Charitable remainder and lead trusts, Crummey trusts for annual exclusion gifts, and special needs trusts each have distinct tax features and pitfalls if drafted incorrectly.^13 ^11

Because tax laws change frequently and interact with trust rules in complex ways, trust law best practices strongly favor coordinated advice from both an experienced trust attorney and a qualified tax professional rather than relying on generic templates.^2 ^11

7. Modifying or Terminating a Trust

Modern trust law recognizes that circumstances change, and many states following the Uniform Trust Code allow modification or termination of a trust under specified conditions. Revocable trusts can generally be amended or revoked by the settlor while alive, but irrevocable trusts often require beneficiary consent and/or a court order to change terms, merge with another trust, or terminate early.^8 ^10

Courts may permit modification when the trust’s original purpose has become impossible, wasteful, or inconsistent with current law, or to achieve tax objectives in ways that are consistent with the settlor’s probable intent. “Decanting” statutes in some states allow trustees to pour assets from an existing trust into a new trust with updated provisions, within statutory limits.^9 ^8

Improper or informal amendments—such as handwritten notes or side letters not executed with proper formalities—can trigger litigation over whether the changes are valid, leading to uncertainty and expense. A careful formal modification process guided by counsel is essential when any significant change is contemplated.^7

8. Trust Administration After Death or Incapacity

A central reason people use revocable living trusts is to streamline administration at death or incapacity. When the settlor becomes incapacitated, a successor trustee can step in to manage trust assets without the need for a court‑appointed conservator, following the trust’s instructions for the settlor’s care.^12 ^14

At death, the trustee typically has duties similar to an executor: identifying and marshaling assets, paying debts and expenses, filing necessary tax returns, and distributing remaining assets to beneficiaries, all in accordance with the trust instrument and applicable law. While a properly funded trust can avoid a full probate proceeding for trust assets, trustees are still subject to fiduciary standards, accounting obligations, and potential court oversight if disputes arise.^8 ^3

Delays often come from poor record‑keeping, unclear instructions, or beneficiary disputes rather than from the trust structure itself. Clear administrative provisions, realistic timelines, and professional guidance can make trust administration much smoother and less stressful for everyone involved.^6

9. Business and Common‑Law Trust Structures

Trust law is also used in business contexts, such as common‑law business trusts where trustees hold legal title to business property and manage operations for beneficial owners. These arrangements can resemble corporations or partnerships in function but are governed primarily by the trust agreement and applicable trust and business law rather than corporate statutes.^15

Poorly structured or misunderstood business trusts can create confusion about liability, tax classification, and governance, particularly when they are marketed as “asset protection” or tax‑avoidance vehicles without appropriate legal grounding. Creditors and courts will look through form to substance, so it is critical to ensure any business‑oriented trust complies with relevant statutes and is not used to perpetrate fraud.^15 ^13

Used properly, however, trust‑based business structures—combined with LLCs, limited partnerships, and buy‑sell agreements—can support succession planning and continuity when an owner dies or retires.^4 ^15

The Real Cost and Impact of Getting Trust Law Wrong

Mistakes in trust planning or administration can have serious financial consequences, including avoidable probate costs, unnecessary taxes, loss of asset protection, and outright dissipation of wealth through mismanagement or fiduciary breaches. Beneficiaries may lose inheritances to creditors, divorcing spouses, or their own poor financial decisions if trusts are not structured properly.^2 ^6 ^4

The time cost is also substantial: contested trust matters can drag on for months or years, requiring multiple court hearings, extensive discovery, and professional fees that erode the trust estate. Trustees who mishandle administration may spend hundreds of hours untangling problems, gathering records, or defending themselves in litigation.^6

Emotionally, trust disputes are often family fights over money, control, and perceived fairness, amplified by grief or stress. Long‑term consequences include damaged relationships, children or vulnerable adults left without stable support structures, and businesses that fail in the absence of clear succession planning.^15 ^2

Most of these costs are avoidable with careful planning, clear drafting, proper trust funding, thoughtful trustee selection, and early involvement of experienced professionals when issues arise.^8 ^2

How an Experienced Trust and Estate Attorney Helps You Succeed With Trust Law

An experienced trust and estate attorney guides you through every stage of the trust process—from clarifying your goals, to selecting and drafting the right structures, to advising trustees and beneficiaries over time. They translate complex statutes, tax rules, and common‑law doctrines into practical decisions about how to title property, whom to appoint as trustee, and what instructions to give for distributions.^11 ^8

Professionals help ensure proper preparation and execution, including meeting state law formalities for creating valid trusts, coordinating beneficiary designations and funding, and integrating trusts with wills, powers of attorney, and business documents. They also design risk‑management features, such as spendthrift clauses, discretionary distribution standards, co‑trustee or trust protector roles, and clear provisions for successor trustees and dispute resolution.^9 ^3 ^2

When disputes or questions arise, counsel can advise trustees on their fiduciary duties, help prepare required accountings, negotiate with beneficiaries, and, if necessary, represent parties in court to seek instructions, remedies, or trustee removal. Proactive legal guidance significantly reduces the likelihood of costly litigation and improves the chances that your trust will do what you intended over the long term.^7 ^6

Whenever you are considering creating or modifying a trust, administering an existing trust, or challenging a trustee’s conduct, consulting a seasoned trust lawyer such as attorney Jeremy Eveland—an experienced estate and trust professional who provides planning, administration, and dispute‑resolution services—can be invaluable.

Trust Law Options, Alternatives, and Strategies

Wills Without Trusts

A traditional will leaves property outright to beneficiaries and relies on the probate court process for administration. This approach may be sufficient for smaller, simple estates where asset protection and detailed control over timing of distributions are not priorities.^3 ^2

However, wills alone do not provide ongoing management after distributions and do not shield beneficiaries from their own creditors or spending habits. They also generally do not avoid probate for titled assets, which can be public, slower, and more procedurally rigid than trust administration.^14

Revocable Living Trusts

Revocable living trusts are a core strategy in modern estate planning, allowing the settlor to retain control while alive and provide for streamlined administration at incapacity or death. They typically avoid a full probate for trust‑owned assets, maintain greater privacy, and allow for detailed distribution schemes over time.^12 ^14

Their limitations include limited asset protection for the settlor and the need for ongoing funding and maintenance to be effective. They also do not inherently reduce estate taxes, though they can be combined with tax‑oriented sub‑trusts.^4 ^14

Irrevocable Asset Protection and Tax‑Focused Trusts

Irrevocable trusts—such as asset protection trusts, irrevocable life insurance trusts, or gifting trusts—can remove assets from the settlor’s estate and provide creditor protection when properly structured and timed. They are appropriate when you are willing to give up significant control in exchange for protection and potential tax benefits.^13 ^4

Drawbacks include complexity, potential loss of flexibility, and the risk of fraudulent transfer claims if used improperly to avoid known creditors. These structures should never be adopted without detailed legal and tax advice.^13

Special Needs and Spendthrift Trusts

Special needs trusts allow you to provide for a beneficiary with disabilities without disqualifying them from means‑tested government benefits like SSI or Medicaid. Spendthrift and discretionary trusts can protect beneficiaries who are financially inexperienced, struggling with addiction, or vulnerable to creditor claims.^12 ^11

Their main limitation is that beneficiaries may have reduced control and sometimes frustration over restricted access to funds, so communication and trustee selection are critical.^14

Charitable Trusts

Charitable remainder and lead trusts combine philanthropy with income or estate tax planning. Charitable remainder trusts can provide an income stream to you or other non‑charitable beneficiaries before the remainder passes to charity, while charitable lead trusts pay charities first, with the remainder going to family or other beneficiaries.^11

They are best suited for individuals with substantial appreciated assets and clear charitable goals; complexity and ongoing administration are the main drawbacks.^4

What to Do If You Are Currently Dealing With a Trust Law Issue

If you are already in the middle of a trust law situation—such as serving as trustee, being a concerned beneficiary, or confronting a potential dispute—take these practical steps:

Gather documents: Collect the trust instrument, amendments, related wills, prior accountings, correspondence, and any court orders.
List key facts: Note relevant dates (creation, funding events, deaths), the parties involved, and the assets in question.
Avoid unilateral drastic actions: Do not move large sums, make unusual distributions, or resign as trustee before understanding your legal position.
Communicate carefully: Be factual and professional in communications with other parties; avoid accusations or admissions in writing.
Seek legal advice promptly: Consult a trust and estate attorney, such as attorney Jeremy Eveland, to review the documents, explain your rights and duties, and map out options.
Consider alternative dispute resolution: Ask whether mediation or negotiated solutions could resolve disagreements more efficiently than litigation.^6
Document everything: Keep detailed records of decisions, communications, and transactions; good documentation is often decisive in trust disputes.^8

How to Choose the Right Professional for Trust Law

When selecting a trust lawyer or other professional to help with trust law issues, consider:

Relevant experience: Look for significant experience in estate planning, trust administration, and trust litigation, not just general practice.^2
Subject‑matter expertise: Ask about familiarity with your state’s trust code, the Restatement (Third) of Trusts, and specific tools like special needs or asset protection trusts.^10 ^8
Clear communication: Your professional should explain trust concepts in plain English, provide realistic expectations, and welcome questions.
Availability and responsiveness: Trust matters often involve time‑sensitive decisions, so responsiveness is critical.
Comprehensive approach: The best advisors integrate trust planning with taxes, business entities, and family dynamics rather than treating each issue in isolation.^2
Focus on both immediate and long‑term needs: They should help solve the problem in front of you while also strengthening your overall plan to prevent future issues.

attorney Jeremy Eveland can serve as your primary point of contact for trust planning, administration, and dispute advice, offering coordinated guidance tailored to your situation.

Common Mistakes People Make With Trust Law

Creating a trust but never funding it, leaving key assets in the settlor’s individual name and still subject to probate.^14
Using a one‑size‑fits‑all template that does not reflect state law, tax rules, or unique family circumstances.^11 ^2
Appointing the wrong trustee, such as a family member without the time, skills, or temperament to fulfill fiduciary duties.^5 ^8
Failing to coordinate beneficiary designations on retirement plans and insurance policies with the trust plan.^2
Over‑relying on revocable trusts for asset protection, mistakenly believing they shield assets from the settlor’s own creditors.^12 ^4
Leaving vague or overly rigid distribution standards, which can either tie a trustee’s hands or invite disputes over discretion.^10 ^8
Ignoring ongoing administration duties, such as record‑keeping, accountings, and tax filings.^7 ^8
Waiting too long to seek legal help when concerns arise, allowing problems to compound and evidence to become harder to gather.^6

Frequently Asked Questions About Trust Law

What is a trust in law?

A trust is a legal relationship where a settlor transfers property to a trustee to hold and manage for the benefit of one or more beneficiaries, under terms set out in a trust instrument.^1

How is a trust different from a will?

A will takes effect at death and typically requires probate, while a living trust operates during the settlor’s lifetime and after death and can often allow assets to pass without a full probate proceeding if properly funded.^3

Who can serve as a trustee?

A trustee can be an individual (such as a family member or friend) or a corporate trustee (such as a bank or trust company), subject to state law requirements and the trust document. The key considerations are competence, integrity, impartiality, and willingness to fulfill fiduciary duties.^5 ^8

What are a trustee’s main legal duties?

Trustees owe fiduciary duties of loyalty, prudence, impartiality among beneficiaries, and to follow the trust terms, keep records, and provide information and accountings as required.^9 ^8

What happens if a trustee breaches their duties?

Beneficiaries or other interested parties can sue to compel accountings, recover losses (surcharge), remove the trustee, or obtain other court‑ordered remedies. In serious cases, statutes may allow enhanced damages for intentional misconduct.^7

What is a revocable living trust?

A revocable living trust is created during the settlor’s lifetime, allows the settlor to amend or revoke it while competent, and typically names a successor trustee to manage and distribute assets upon incapacity or death.^12 ^11

Does a revocable trust protect my assets from my own creditors?

Generally no. In many jurisdictions, assets in a revocable trust remain reachable by the settlor’s creditors because the settlor retains control and beneficial ownership. Asset protection typically requires irrevocable structures.^13 ^12

What is an irrevocable trust?

An irrevocable trust is one that the settlor cannot easily change or revoke once established, which can help shift ownership for estate and asset protection purposes but significantly reduces the settlor’s control.^13 ^12

What is a spendthrift trust?

A spendthrift trust includes provisions restricting a beneficiary’s ability to transfer their interest and limiting creditors’ ability to reach trust assets before distribution, often combined with trustee discretion over payments.^14

What is a special needs trust?

A special needs trust is designed to supplement—but not replace—government benefits for a beneficiary with disabilities, preserving eligibility for means‑tested programs like SSI or Medicaid.^11

What is a discretionary trust?

In a discretionary trust, the trustee has broad discretion over whether, when, and how much to distribute to beneficiaries, rather than beneficiaries having fixed entitlements, which can provide flexibility and creditor protection.^10 ^11

What is a charitable remainder trust?

A charitable remainder trust pays income to one or more non‑charitable beneficiaries for a period, with the remainder going to charity, often providing income tax deductions and estate planning benefits.^14

What is a charitable lead trust?

A charitable lead trust does the opposite: it pays an income stream to charity for a specified period, with the remaining assets passing to non‑charitable beneficiaries, often with transfer tax advantages.^11

What is an asset protection trust?

An asset protection trust is usually an irrevocable trust designed to shield assets from future creditors, lawsuits, or bankruptcy, subject to strict rules and fraudulent transfer laws.^4

Can I be the trustee of my own trust?

You can usually serve as trustee of your own revocable living trust, but self‑trusteeship is more complicated in asset protection or irrevocable trust contexts, where independent trustees are often required.^12 ^11

How are trusts taxed?

Taxation depends on whether the trust is a grantor or non‑grantor trust, its distribution patterns, and applicable federal and state law, with non‑grantor trusts often facing compressed income tax brackets. Tax advice should be obtained from a qualified tax professional.^4

Do all trusts avoid probate?

No. Only assets properly titled in or payable to a trust may avoid probate; unfunded trusts or assets left outside the trust may still require probate. Testamentary trusts created by a will are established through the probate process.^3 ^14

Can a trust be changed?

Revocable trusts can generally be changed by the settlor while alive; irrevocable trusts may be modified or terminated under limited statutory or court‑approved circumstances, such as consent of beneficiaries or changed circumstances.^9 ^8

What rights do beneficiaries have?

Beneficiaries typically have rights to receive distributions as provided by the trust, to be informed about the trust and their interests, and to receive accountings, subject to variations under state law and the trust’s terms.^10 ^7

What is the Uniform Trust Code (UTC)?

The UTC is a model statute that many U.S. states have adopted in whole or part to modernize and standardize trust law, covering trust creation, administration, modification, and trustee duties.^8 ^10

What is the Restatement (Third) of Trusts?

The Restatement (Third) of Trusts is a publication by the American Law Institute that synthesizes and clarifies trust law principles, particularly trustee duties, breach of trust, and remedies, and is influential in courts and legislation.^8

How long can a trust last?

Duration limits depend on state law; many states have modified or abolished traditional “rule against perpetuities” limits, while others still restrict how long private trusts may continue.^3

Can creditors reach trust assets?

Creditors generally cannot reach properly structured spendthrift or discretionary trust assets before distribution, but they may reach revocable trust assets or certain interests depending on state law and the nature of the creditor.^13 ^14

When should I consider creating a trust?

You should consider a trust if you want to avoid probate, provide for minors or vulnerable beneficiaries, manage assets during incapacity, protect assets from creditors or divorces, or undertake advanced tax and charitable planning.^2 ^14

Do I need a lawyer to set up a trust?

While some basic forms exist, trusts are complex legal arrangements with long‑term consequences, so most people are best served working with an experienced trust and estate attorney, such as attorney Jeremy Eveland, to ensure validity and alignment with their goals.^8 ^11

Key Trust Law Rules, Statutes, and Standards to Know

Key legal frameworks that often shape trust law in the United States include:

Restatement (Third) of Trusts – a leading summary of trust principles, especially on trustee powers, duties, prudent investment, and remedies for breach.^8
Uniform Trust Code (UTC) – a model law adopted in some form by many states, covering trust creation, modification, termination, judicial proceedings, and default fiduciary rules.^9 ^8
State probate and trust codes – each state has its own statutes governing wills, intestacy, trust formation, trustee powers, and creditor rights, which can significantly affect your plan.^6 ^4
Federal tax law – Internal Revenue Code provisions and IRS regulations on income, estate, gift, and generation‑skipping transfer taxes heavily influence trust design.^4
ERISA and related rules – federal laws protecting qualified retirement plans, which may interact with but are often outside of trusts during the account owner’s lifetime.^4

Because these rules vary and change over time, trust planning should be reviewed periodically with a knowledgeable professional.

Important Legal Disclaimer

This article provides general educational information about trust law and related concepts; it is not legal, tax, or financial advice and does not create an attorney–client relationship. Laws vary significantly by jurisdiction and change over time, and how they apply depends on your specific facts. Before taking or refraining from any action related to trusts, you should consult with a qualified professional such as attorney Jeremy Eveland or another experienced trust and estate attorney and, where appropriate, a tax advisor.^2 ^4

Next Steps

Trust law is a powerful framework for managing and transferring wealth, protecting vulnerable family members, and planning for incapacity and death—but it is also complex, and missteps can be costly in money, time, and relationships. Most of the common problems—unfunded trusts, unclear terms, fiduciary breaches, and avoidable disputes—are preventable with thoughtful design, proper funding, and timely professional guidance.^6 ^8

Whether you are just beginning to explore trusts, currently serving as a trustee or beneficiary, or facing a potential dispute, you do not have to navigate these issues alone. For personalized, practical help with trust planning, administration, or problems, consider reaching out to attorney Jeremy Eveland, an experienced trust and estate professional who provides planning, administration, and dispute‑resolution services tailored to your needs.

Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472

Jeremy Eveland
8833 S Redwood Road
West Jordan UT 84088
(801) 613-1472

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