Do I Need A Living Trust In Texas

This guide will take you through the process of creating a living trust in texas giving you all of the information you ll need to make setting up a living trust as painless as possible.

Do i need a living trust in texas. Texas does not use the uniform probate code which simplifies the probate process so it may be a good idea for you to make a living trust to. A living trust lets you dictate how your assets are handled before and after you die but whether or not you need one depends on several factors. Living trusts do not protect assets from medicaid or from creditors. Most people do not actually need a living trust but there are.

To create a trust you first set it up and then take all of your assets your house your car your property your accounts and re title them in the name of the trust. A living trust is an estate planning option that can make things easier for your family after you ve died. Unlike a testamentary trust which is created through a will and doesn t come into being until you die a living trust sometimes called an inter vivo trust is created and funded while you are still alive. How to create a living trust in texas.

It is this quality avoidance of probate that has brought the living trust most of its recent popularity. One of the reasons people historically felt the need to create living trusts was because having the trust meant avoiding the need to file an inventory with the court following death. Do i need a living trust in texas. The trust is not effective until you transfer ownership of assets to it.

If you would like to create a living trust in texas you will need to sign a written trust document before a notary public. The main advantage of making a living trust is to spare your family the expense and delay of probate court proceedings after your death. A living trust also specifies how your property is to be disposed of at your death but since it exists before your death its validity does not need to be acknowledged by a probate proceeding. But do you really need a trust.

Unfortunately there are lots of advertisements out there that over sell living trusts especially to elderly people. It s gotten so bad that the texas bar put out a pamphlet titled living trust scams and the senior consumer according to the texas bar every year thousands of people pay anywhere from 500 to 5000 for trusts that are not only useless.