Need help figuring out how to set up a family trust

Short version: you’re not actually stuck on “trusts” yet, you’re stuck on project management.

Think of this like a small home remodel:

  1. Scope the project, not the documents

    Instead of “Do I need a revocable living trust / pour‑over will / etc.,” start with:

    • What problems do you want to avoid?
      Probate, fights between kids, a second spouse walking off with everything, a kid’s divorce, spend‑thrift issues, special‑needs care, taxes.
    • How much complexity are you willing to live with while you’re alive?
      Trusts add friction: re‑titling assets, slightly more hassle with banks and brokerages.

    Once you’re clear on “problems to avoid vs hassle I’ll tolerate,” the actual document mix almost picks itself.

  2. Where I slightly disagree with the “trust is always the base” idea

    @chasseurdetoiles is right that many families use a revocable trust as the base.
    I’d push back in two situations:

    • Small, very simple estate in an easy‑probate state
      If your state has cheap, fast probate and you own:
      • One house
      • Some retirement accounts
      • Some bank accounts
        all with good beneficiary / TOD / POD designations, a full trust package might be overkill.
        You can sometimes get 80% of the benefit with:
        • Will
        • Financial and medical POAs
        • Clear beneficiary designations and TOD deeds where allowed
    • You hate paperwork and will never fund the trust
      An unfunded trust is worse than a “boring but complete” will‑based plan.
      If you know you will not chase banks for title changes, talk to an attorney about a simple plan that uses beneficiary designations and TOD tools aggressively. Less elegant, more likely to be fully implemented.
  3. Decision rule that cuts through the noise

    Combine what @viaggiatoresolare and @chasseurdetoiles said into one blunt rule:

    • If you have any of these:

      • Kids from prior relationships
      • Property in more than one state
      • A business, even a small side LLC with real value
      • A child with special needs or clear money problems
        skip pure online DIY. At minimum, pay a local estate planning attorney for a one‑hour consult to sanity‑check whatever you build.
    • If you are:

      • Married first and only marriage
      • No special needs
      • Assets mostly under low 7 figures
      • All in one state
        then a quality online platform plus one paid review by a local attorney can be a good compromise.
  4. Online service vs attorney in practical, non‑ideal terms

    A lot of people never finish because they chase “perfect.”

    • Online / DIY style tools
      Pros:

      • Cheap up front
      • Fast to generate documents
      • You can iterate your wishes easily
        Cons:
      • No one is forcing you to fund the trust
      • State quirks, especially spousal rights and taxes, are easy to miss
      • You may overcomplicate distributions without someone pushing back
    • Estate planning attorney
      Pros:

      • Translates your messy wishes into coherent rules
      • Knows local traps: forced spousal share, weird probate rules, state estate tax
      • Can coordinate deeds, account titles, and beneficiary designations
        Cons:
      • Real money
      • Quality varies a lot; some hand you a binder and vanish
      • You still have to stay engaged or the funding step gets half‑done

    The real choice is: do you want forms or a guide. If your biggest risk is “I will procrastinate,” the guide is worth paying for.

  5. What to do next, in plain steps that are not just document lists

    Before you talk to anyone or click any “start your trust” button:

    • Make a one‑page “if I die tomorrow” memo:

      • Who is in charge short term
      • Who ultimately owns what and at what ages
      • What happens if your spouse remarries
      • What happens if a kid dies before you
    • Make an asset map:

      • Each account / property
      • Current owner
      • Current beneficiary (if any)
      • Which state it lives in

    Bring those two things to either a lawyer or an online tool. If the person or product cannot clearly explain how your plan works in the “weird” scenarios (kid dies first, spouse remarries, long disability), that is the wrong solution for you.

  6. About that unnamed “product title” you slipped in

    If you’re looking at a packaged “family trust / estate planning” product like that, treat it like this:

    • Pros:

      • Usually bundles the right family of documents (trust, pour‑over will, POAs, health directives)
      • Gives you a structured questionnaire so you do not forget basics
      • Often cheaper than a bespoke lawyer for the same paper stack
    • Cons:

      • It is still a template at heart; edge cases and state quirks are on you
      • Funding help is usually weak: they may tell you what to retitle, but not walk through the process with each institution
      • May not fully handle special needs, blended families, or complex tax planning

    Use it as a starting framework, not as a substitute for human review if your situation is at all messy.

  7. How to sanity‑check your plan when you think you’re done

    Whatever route you pick, ask yourself (or the pro) to answer these in normal language:

    • If I get hit by a bus and I’m alive but incapacitated for a year, who pays my mortgage, manages my investments, and talks to doctors?
    • If I die and my spouse remarries, how much of “our” stuff can ultimately end up with new spouse or their kids instead of ours?
    • If one kid is great with money and one is a disaster, what actually happens in practice under this trust?
    • If my child dies before me and has children of their own, who gets that slice?
    • Which of my assets still go through probate, if any?

    If you cannot follow the chain of events from “event happens” to “who controls what” in clear steps, the plan is not ready.

If you want more pointed guidance, drop:

  • State
  • Rough asset total and types (house, 401(k)/IRA, brokerage, rentals, business)
  • Married or not, kids & rough ages

Then it is much easier to say “online plus brief review is fine” versus “stop, call an estate planning attorney and get this over with in two meetings.”