Unfortunately, you cannot. You can only deduct legal fees in limited circumstances such as fees incurred in attempting to produce or collect taxable income, fees related to doing or keeping your job, and fees incurred in connection with the determination, collection, or refund of any tax.
Yes you can. TurboTax answer doesn't give a complete and therefore accurate answer. A large portion of a trust is tangential to dealing with tax issues so as to minimize the impact of IRS thuggery. Talk to your attorney for further info. You won't be able to deduct the entire cost of the trust but the percentage which deals with tax issues which might involve around 30 some percent.