Asheville Trust Attorney 

Assisting Clients With Trust Matters in North Carolina

Planning for the future can feel daunting, especially when you are thinking about aging, illness, or how your family will manage after you are gone. You may be wondering whether a trust is right for your situation, how complicated it will be, and who you can rely on to guide you. At Collins Family & Elder Law Group, we help individuals and families in the Asheville area use trusts to protect loved ones, simplify future administration, and reflect their real-world needs.

Our firm focuses on both family law and elder law, so we understand that no trust exists in a vacuum. Decisions about trustees, beneficiaries, and asset protection are deeply connected to relationships, long-term care plans, and sometimes prior divorce orders or support obligations. With more than 200 years of collective legal experience across our team, we work with you to design a trust plan that supports your goals and gives your family clearer direction.

When you work with us, you can expect patient explanations, practical guidance, and the option to meet by phone or video if travel is difficult. Our attorneys include a North Carolina Board Certified Family Law Specialist and lawyers recognized by Super Lawyers, Rising Stars, Legal Elite, and Martindale-Hubbell, and we bring that depth of training to every trust matter we handle.

Call us today at (828) 457-7808 or contact us online to schedule a consultation with our trust lawyer in Asheville.

Why Choose Us?

Many clients come to us at a turning point. A parent has been diagnosed with a serious illness, a child is struggling to manage money, or a blended family is trying to balance competing needs fairly. In those moments, they want more than a stack of documents. They want guidance from a team that understands both the legal framework and the emotional weight of these decisions.

At Collins Family & Elder Law Group, we focus on the well-being and best interests of families as we help design and implement trusts. Our attorneys include Candace S. Faircloth, a North Carolina Board Certified Family Law Specialist, and lawyers such as Isla Tabrizi and Jennifer Rodrigue who have been recognized by Super Lawyers, Rising Stars, and Legal Elite. Founding attorney Shawna Collins is peer-reviewed by Martindale-Hubbell. These credentials reflect our sustained commitment to careful, high-level work in family and elder law matters that intersect with trusts.

Understanding Trusts

A trust is a legal arrangement where you place certain assets under the management of a trustee for the benefit of one or more beneficiaries. In practical terms, a well-crafted trust can give you more control over when and how your property is used, both during your lifetime and after. It often works alongside a will, powers of attorney, and healthcare directives as part of a complete plan.

For example, you may want to ensure that a surviving spouse can remain in the family home, while also preserving an inheritance for children from a prior relationship. You may have an adult child who is responsible and independent, and another who struggles with addiction or budgeting, and you want to treat them fairly without putting assets at risk. A trust can also be used to provide for a loved one with a disability while taking into account how public benefits work.

Trusts can help in situations where you are concerned about what would happen if you became incapacitated. A funded revocable trust can make it easier for your chosen trustee to manage assets if you cannot, which may reduce the need for certain types of court involvement. Thoughtful trust planning can also streamline what your family must do after your death, since assets in a trust may not need to go through the full probate process in the same way as property held solely in your name.

Revocable & Irrevocable Trusts

There is no single “best” trust that works for every family. The right structure depends on your assets, your family relationships, your health, and what you hope to accomplish. Our role is to walk you through the options in clear terms so you can make informed decisions.

A revocable living trust is one of the most common tools. You create it during your lifetime, you generally remain in control of the assets while you are well, and you retain the ability to change or revoke it. This type of trust can help with incapacity planning and may ease administration for your loved ones after your death. It does not, by itself, shield assets from all creditors or long-term care costs, so we discuss what it can and cannot do in your specific situation.

Irrevocable trusts are usually more restrictive. Once created and funded, your ability to change terms or access assets is often limited. In some circumstances, irrevocable trusts can play a role in protecting assets, charitable giving, or planning related to potential long-term care costs. Because these trusts involve tradeoffs, we spend time exploring whether the benefits align with your goals and risk tolerance.

Special Needs Trusts & Related Planning

For families with a loved one who has a disability, a special needs trust can be an important part of the plan. This type of trust may allow you to provide supplemental support for that person while taking into account rules that govern certain public benefits. We also consider how trusts interact with guardianships, estate administration, and other elder law issues that may arise later.

Trusts are only one part of the overall structure. In many plans, we also prepare powers of attorney, healthcare directives, and related documents so that financial and medical decisions can be managed consistently. Our attorneys help you understand how these pieces work together and which tools fit your circumstances.

Frequently Asked Questions

How Do I Know If I Really Need A Trust Or Just A Will?

The right choice depends on your goals, your assets, and your family situation. A will is the basic document that directs how property in your name passes at death and can be sufficient for some people, especially if their assets and family structure are relatively simple. A trust may be useful if you want to manage how and when beneficiaries receive assets, if you are concerned about incapacity, or if you would like to reduce the amount of property that must go through formal probate.

During a consultation, we talk through your specific concerns and explain what a will can accomplish on its own and where a trust might add clear value. We often find that some clients are better served with a focused will-based plan, while others benefit from a revocable living trust or additional trust structures. Our goal is to help you understand the tradeoffs so you can feel confident that you are not overcomplicating things or leaving important gaps.

What Should I Bring To A Trust Planning Consultation?

You do not need perfect records to have a productive first meeting, but a few pieces of information are very helpful. These usually include a list of your close family members, an overview of your major assets such as real estate, retirement accounts, bank accounts, and any business interests, and copies of existing estate planning documents if you have them. If you are comfortable doing so, bringing account statements or summaries can make discussions more precise.

We also encourage you to think ahead about who you might trust to act as a trustee or agent under a power of attorney and what your main goals are, such as protecting a spouse, supporting a child with challenges, or simplifying things for your family. If you do not have all of this ready, that is fine. We can help you identify what will be needed and work with you to gather it over time.

Can You Help If My Parents Live Near Asheville, But I Live In Another State?

Yes, in many situations we can work with families where the person doing the planning lives here and adult children or other helpers live elsewhere. Our attorneys are licensed in the jurisdictions listed in our firm information, and for North Carolina trust and elder law matters, we generally meet directly with the parent or client who is making decisions. Adult children and other family members can often join consultations by phone or video to ask questions and better understand the plan.

There may be ethical limits on the advice we can give to people who are not our direct clients, and we explain those clearly. However, in practice, involving out-of-state family members in discussions often makes later administration easier because everyone has heard the reasoning behind the plan. We structure our meetings to respect your parents’ autonomy while helping the broader family stay informed.

How Can A Trust Help Protect A Child With Special Needs?

A special needs trust is a particular type of trust that can be used to hold funds for a person with a disability while taking into account the rules of certain public benefit programs. Instead of leaving assets directly to that person, you leave them to the trust. A trustee then uses those funds to pay for goods and services that improve quality of life, while the person continues to qualify for means-tested benefits when the program’s rules allow.

Designing this kind of trust requires careful attention to details and coordination with other parts of the plan. We talk with you about your child’s current and expected needs, what benefits they receive, and what resources will likely be available in the future. Our elder law experience, including special needs and Medicaid-related planning, helps us explain how a trust might function in your child’s real life. We cannot guarantee eligibility for any specific program, but we work to structure your plan in a way that supports long-term stability.

What Happens To My Trust If I Divorce Or Remarry?

Major life changes, such as divorce or remarriage, are strong reasons to review your existing trust and other estate planning documents. In some cases, provisions in your trust may no longer match your wishes or may conflict with court orders related to property division or support obligations. Beneficiary designations on retirement accounts and life insurance policies also need careful attention because they interact with both family law and estate planning.

Our attorneys, including a Board Certified Family Law Specialist, look at how your prior divorce judgment, separation agreement, or support orders might affect your choices. We then discuss possible revisions to your trust and related documents to reflect your current family structure. The goal is to avoid surprises later and to make sure your plan is consistent with both your legal obligations and your present priorities.

How Long Does It Usually Take To Set Up A Trust?

The timeline for creating a trust varies based on how complex your situation is and how quickly information and decisions come together. For a straightforward revocable living trust, many clients can move from initial consultation to signed documents in a matter of weeks, especially if they are able to provide financial information and make choices about trustees and beneficiaries without long delays. More complex plans, such as those involving multiple trusts, blended families, or significant business interests, can understandably take longer.

During our first conversations, we outline the steps involved and give you a sense of what influences timing in your case. We work to move the process along efficiently while giving you enough time to consider important decisions. Our team also coordinates with your other advisors, such as financial professionals, when appropriate, which can help funding and implementation proceed more smoothly.

Can You Review & Update An Existing Trust I Already Have?

Yes, we regularly review trusts and other estate planning documents that clients created in the past, whether in North Carolina or elsewhere. Over time, laws can change, assets can shift, and family circumstances can evolve, so a trust that once fit well may now leave questions or gaps. We examine the terms of your current documents, listen to your present wishes, and then discuss where updates might be helpful.

In some cases, changes can be made directly if the trust is revocable or if it contains certain amendment provisions. In other situations, it may be more practical to create a new trust and adjust your overall plan. Our attorneys explain the options clearly and help you weigh the effort and benefits of each path so that you can move forward with a plan that feels up to date and aligned with your values.

Contact Our Trust Lawyer in Asheville Today

Taking the first step toward trust planning can bring significant peace of mind. When you understand your options and have documents that reflect your wishes, it is often easier to focus on the present and on the relationships that matter most. Our attorneys are here to listen to your concerns, explain your choices in clear language, and help you decide whether and how a trust should fit into your broader family and elder law plan.

Whether you are starting from scratch or revisiting an existing plan, we are ready to talk with you about your next steps. Our team brings many years of experience in family and elder law to each conversation and works to provide steady guidance throughout the process.

Contact us today to get started with our Asheville trust attorney.