Trusts and Estates Clinic

Trusts and estates are legal structures used in estate planning to manage and distribute assets during a person’s lifetime or after death. They help individuals ensure that their wealth and possessions are passed on according to their wishes.

A will, also known as a last will and testament, is a formal legal document that outlines how a person's assets and property should be distributed after their death. It allows individuals to choose who will inherit their possessions, nominate a guardian for minor children, and make other important decisions about their estate.  After the individual dies, the executor must take the will to court and engage in a probate process.

A trust is a legal entity that holds and manages assets for recipients, allowing for probate avoidance and controlled distribution. Trusts often provide a smoother and faster path for assets to be transferred and passed along after death. A trust can be created during life or after death and is managed by a trustee. An estate consists of all assets a person owns at death and must go through probate before distribution. It is managed by a personal representative and exists only after death.

Practicing trusts and estates law requires education, experience, and coursework. The first step is to earn your Juris Doctor (J.D.) through an accredited law school. Take classes related to wills, trusts, estates, tax law, and elder law to build a strong foundation. Acquire experience through internships, clinics, and clerkships related to estate planning and probate law.

Next, you'll need to be admitted to the bar. Students can either pass the bar exam or complete an alternative licensing program. Oregon offers the Supervised Practice Portfolio Examination, which requires 675 hours working under an experienced attorney and a work portfolio. Students can also complete 100 of these hours during law school in the form of legal clinics or externships.

Consider working at a law firm or starting your own practice to work in trusts and estates law. Network with those in trusts and estates law, participate in pro bono work, or consider additional certification, education options, and membership opportunities.