Quick Summary 

This article walks through the full process, from choosing the right trust to funding and maintaining it. You will learn where most do-it-yourself attempts fail, what high-net-worth individuals must consider, and how to protect assets like cryptocurrency and offshore holdings with confidence. For more insights on protecting your assets, explore the Blake Harris blog.

Considering Setting Up a Trust Without an Attorney?

Setting up a trust can feel overwhelming, and many people ask if they can do it without an attorney. The short answer is yes, but there are important details to consider.

We guide clients through asset protection every day at Blake Harris Law. If you are building wealth or own cryptocurrency, you cannot afford missteps. A poorly structured trust can put everything at risk.

In this Blake Harris Law article, we will break down what to watch out for, how to do it right, and when to ask for help. 

Why Listen to Us?

At Blake Harris Law, we offer a proven four-step asset protection process—consultation, trust creation, funding, and monitoring. Our clients benefit from robust legal safeguards, including Cook Islands Trusts, which have withstood U.S. court challenges, ensuring assets remain protected. 

Our firm’s consistent 5-star reviews highlight our reliability and effectiveness in securing clients’ wealth.

Can You Set Up a Trust Without an Attorney?

Yes, you can set up a trust without an attorney. Online platforms offer templates for basic revocable living trusts. These may work for simple estates.

However, high-net-worth individuals face complex risks. A do-it-yourself trust may not protect cryptocurrency, business interests, or real estate across states or countries.

Without legal oversight, key steps like funding the trust or naming the right trustee often go wrong. If your goal is asset protection, especially across jurisdictions like the Cook Islands, Nevis, and Belize, you need precision.

Why You Should Avoid Setting Up a Trust Without an Attorney

  • Improper Trust Structure: DIY trusts often miss important legal details, leaving assets like cryptocurrency or LLCs vulnerable.
  • Incorrect or Incomplete Funding: If you fail to transfer assets into the trust correctly, the trust offers no protection.
  • Poor Jurisdiction Selection: You may overlook strong asset protection jurisdictions like the Cook Islands, Nevis, and Belize.
  • Tax and Legal Consequences: Mistakes in setup can trigger tax issues or make the trust easier to challenge in court.

How to Set Up a Trust With an Attorney 

1. Define Your Objectives and Asset Profile 

Start by getting specific about what your trust needs to do. Do you want to shield assets from lawsuits, avoid probate, provide for family, or plan for incapacity? Be clear, because goals drive structure.

You should also take inventory of the assets involved. Attorneys work more efficiently and deliver better results when they understand your portfolio in detail. Include complex or high-risk assets like:

  • Cryptocurrency holdings
  • Real estate in multiple states or countries
  • Business interests and operating LLCs
  • Assets held in offshore accounts

Clarify your control preferences:

Will you serve as trustee? Will you need to protect yourself from future claims?

Those details help determine whether you need a domestic or offshore structure.

If international protection is a goal, your attorney may recommend jurisdictions like the Cook Islands, Nevis, or Belize. These countries offer stronger barriers against U.S. judgments, particularly useful for high-net-worth individuals with liability exposure.

Finally, consider family dynamics. Unequal distributions, second marriages, or potential disputes should be addressed early in the planning process. A good attorney will raise these issues, but you should come prepared to discuss them openly.

The clearer your input, the stronger and more tailored your trust will be. Treat this as a strategy session, not a paperwork task.

2. Select the Right Attorney or Firm 

Not all attorneys have experience with complex or international trusts. Your choice of firm will shape the structure, enforceability, and long-term success of your trust.

Start by looking for attorneys who regularly handle high-net-worth planning. Ask how often they deal with asset protection, offshore structures, and non-traditional assets like cryptocurrency. A trust holding real estate and digital assets in multiple jurisdictions demands more than basic estate planning.

Evaluate how the firm approaches asset protection. Do they offer options in the Cook Islands, Nevis, and Belize? Can they coordinate multi-jurisdiction compliance, or do they outsource parts of the process?

Use your consultation to assess how the attorney communicates. Look for clarity, efficiency, and a strong grasp of structuring logic, not just legal formalities. Ask direct questions about:

  • Turnaround times
  • Jurisdictional strengths and tradeoffs
  • Funding assistance
  • Ongoing support

Blake Harris Law, for example, focuses on high-net-worth protection strategies, including offshore trusts and complex funding processes. Our work includes cryptocurrency, real estate, and operating businesses, making us a fit for clients needing more than a basic trust.

Choosing the right firm at the outset can prevent costly restructuring later. Invest the time to vet carefully.

3. Collaborate on Drafting the Trust Document 

The drafting stage is where strategy becomes structure. Your attorney translates your objectives, risk profile, and asset list into a legally binding trust document. Every clause must reflect the real-world function you want the trust to serve.

This is not passive. You will need to make decisions about control, succession, distribution terms, and asset-specific protections. Offshore trusts in jurisdictions like the Cook Islands, Nevis, or Belize may also require custom provisions to meet local legal standards.

Expect your attorney to walk you through technical decisions like:

  • Trustee authority and removal rights
  • Distribution conditions for beneficiaries
  • Control limits to maintain legal separation
  • Asset-specific schedules for property, LLCs, and cryptocurrency

Do not assume standard language will cover complex holdings. A trust that includes cryptocurrency, for example, may need instructions for securing wallets, distributing digital keys, or shifting custody upon death or incapacity.

If you are working with us, this process includes a tailored asset protection strategy built around your risk exposure. We account for how U.S. and offshore laws interact, minimizing gaps that could be exploited in litigation.

Before signing, review every section with your attorney. Clarify your intent, and align provisions with the trust’s actual function.

4. Execute and Fund the Trust Properly 

Execution and funding are where many trusts fail. Even a perfectly drafted document will not protect anything unless signed correctly and funded completely.

Your attorney will guide the signing process to meet legal standards in your jurisdiction and if applicable in the Cook Islands, Nevis, or Belize. These steps typically require notarization and witnesses. For offshore structures, proper execution in both jurisdictions is critical to enforceability.

Next comes funding. This means legally transferring ownership of assets to the trust. Each asset type has its own requirements. Your attorney should oversee or directly handle these transfers.

Typical funding steps may include:

  • Cryptocurrency: Assign wallets, secure keys, and draft instructions for digital access.
  • LLCs and businesses: Amend ownership records and update operating agreements.
  • Real estate: Draft and record new deeds with correct titling and insurance.
  • Bank and brokerage accounts: Retitle ownership or update beneficiary designations to reflect the trust.

At Blake Harris Law, we actively manage funding steps to prevent common errors, such as leaving key assets outside the trust or mishandling offshore transfers. Proper documentation during this stage is essential for legal protection and future enforcement.

Do not assume funding is a one-time task. As your asset base grows, each new acquisition should be evaluated for inclusion. Unfunded assets remain exposed even if the trust exists. Treat execution and funding as a critical phase, not a formality.

5. Set Up Ongoing Oversight and Maintenance 

Once the trust is signed and funded, your attorney’s role should not end. Ongoing oversight ensures the trust stays legally valid and aligned with your goals.

Life changes, and so do laws. Acquiring new assets, shifting beneficiaries, or relocating can all trigger the need for updates. Offshore trusts in the Cook Islands, Nevis, or Belize may also face changing international compliance rules.

Your attorney should offer scheduled reviews to confirm:

  • Proper titling of new assets
  • Updates to trustee or beneficiary designations
  • Regulatory changes impacting offshore protections
  • Secure storage of trust documents and access credentials

Our team supports long-term trust maintenance for clients with evolving portfolios, including cryptocurrency and cross-border holdings. This helps ensure the trust remains both current and enforceable.

Without maintenance, the trust can become outdated, opening the door to legal exposure or family disputes. Hence, make sure to set a recurring review cadence with your attorney.

Best Practices When Working With an Attorney to Set Up a Trust 

  • Clarify asset-specific goals before drafting begins: Do not rely on generic planning. Define how each asset, real estate, cryptocurrency, business equity should function in the trust. This helps your attorney align legal structure with financial intent.
  • Ask how the firm handles cross-border coordination: If your trust will include offshore components in the Cook Islands, Nevis, or Belize, ensure your attorney regularly works across those jurisdictions. Cross-border missteps can weaken asset protection or delay enforcement.
  • Request funding support documentation: Trust documents alone do not protect assets. Ask for clear, written steps to transfer each asset into the trust properly. The best firms handle or oversee this process directly.
  • Discuss contingency planning in detail: Ask what happens if a trustee resigns, a beneficiary contests the trust, or cryptocurrency becomes inaccessible. Build in instructions for legal, digital, and practical shifts over time.
  • Confirm ongoing support options: Laws and personal circumstances change. Ask whether the firm offers periodic reviews or trust monitoring to help maintain long-term protection, especially if your holdings include dynamic assets like cryptocurrency or offshore entities.

Choose Blake Harris Law to Set Up Your Trust

Setting up a trust without an attorney is possible but doing it right takes careful planning, legal precision, and ongoing oversight. If your assets are complex or you need international protection, it makes sense to work with a firm that does this daily, like Blake Harris Law.

We help our clients protect assets through tailored trust structures both domestic and offshore. Whether you need to shield cryptocurrency, real estate, or business interests, we ensure your trust is built to withstand scrutiny and adapt over time.

Secure what matters, connect with our team trusted by clients worldwide!