How a Properly Written Living Trust Can Protect Your Assets and Family in Houston

Categories: Estate Planning, Texas Estate Planning Laws

Imagine you’re Jane, a retiree living in Houston with a small fortune saved up for your golden years. You have worked hard your entire life to build your nest egg and you want to ensure that it is protected and distributed according to your wishes after you’re gone. However, you don’t have a solid plan in place and are worried that your assets might end up in the hands of someone you don’t want them to, or that the process of distributing your assets will be lengthy and stressful for your loved ones. This is where a living trust comes in.

A living trust is a legal document that outlines how you want your assets to be managed during your lifetime and distributed after you pass away. It can be a valuable tool for avoiding probate and protecting your assets, especially in Texas where probate can be a long and expensive process.

What to Consider When Creating a Living Trust in Houston:

• Your current and future assets
• Your beneficiaries
• Who do you want to appoint as the trustee
• Your wishes for medical care if you become incapacitated
• Your funeral arrangements
• Any special instructions for distributing your assets

Step-by-Step Process for Creating a Living Trust in Houston:

1. Assess your assets and determine which ones you want to include in the trust.
2. Choose a trustworthy individual or institution to serve as the trustee.
3. Decide on the beneficiaries you want to receive your assets and how you want them to be distributed.
4. Draft a living trust document with the help of an experienced estate planning attorney.
5. Fund the trust by transferring ownership of your assets to the trust.
6. Regularly review and update your trust as necessary to ensure it continues to reflect your wishes.

Statistics on Living Trusts in Texas:

• According to the American Bar Association, about half of all Americans have a will or trust in place.
• In Texas, a living trust can help avoid probate, which can take up to two years and can be expensive.
• In Texas, living trusts are recognized by the state as valid legal documents and are enforceable in court.

Why You Should Take Action Soon:

Creating a living trust is a crucial step in ensuring that your assets are protected and distributed according to your wishes after you pass away. With the help of an experienced Houston estate planning attorney, you can draft a comprehensive and legally binding document that will give you peace of mind and protect your assets for years to come. Don’t wait, take action today to ensure that your assets are secure and that your loved ones are protected.

Choose an Experienced Houston Estate Planning Lawyer

Working with an experienced estate planning attorney can help ensure that your living trust is comprehensive and legally binding. An attorney can also provide you with expert guidance on the best way to protect your assets and ensure that your wishes are honored after you pass away. If you’re looking for an experienced Houston estate planning lawyer, look no further. Contact us today to schedule a consultation and get started on the path to a secure financial future.

Frequently Asked Questions

What is a properly written living trust?

A written living trust is a legal document that sets out how a person’s assets should be managed and distributed after death. It is called a “living trust” because it becomes effective while the person creating the trust (the “grantor”) is still alive.

What are the benefits of a properly written living trust?

Avoids probate court: Probate is the court-supervised process of distributing a deceased person’s assets. A properly written living trust can help to avoid probate by providing for the transfer of assets outside of court.

Maintains privacy: Probate is a public process, meaning that information about a person’s assets and beneficiaries may become a matter of public record. A properly written living trust can maintain privacy by keeping confidential information about a person’s assets and beneficiaries.

Facilitates smooth asset transfer: A properly written living trust can help to ensure that a person’s assets are transferred to their beneficiaries according to their wishes, without the delays and uncertainties of probate.

Provides for asset management: A properly written living trust can manage a person’s assets in the event of their incapacity without the need for court-appointed guardianship.

What should I consider when creating a living trust? 

Your assets: A living trust can hold a wide range of assets, including real estate, bank accounts, investments, and personal property.

Your beneficiaries: A living trust can provide for the distribution of assets to multiple beneficiaries, including family members, charities, and trusts for minors.

Your goals: A living trust can be designed to meet a wide range of estate planning goals, such as reducing estate taxes, protecting assets from creditors, and ensuring that assets are used for specific purposes

What is the process of creating a living trust?

1. Please consult with an estate planning attorney: An experienced estate planning attorney can help you understand a living trust’s benefits and limitations and determine whether it is the right estate planning tool for your circumstances.

2. Gather information about your assets: Your attorney will need information about the value and ownership of your help to draft a comprehensive living trust.

3. Decide on the terms of the trust: Your attorney will work with you to decide on the terms of the trust, including the distribution of assets, the management of assets in the event of incapacity, and the appointment of a successor trustee.

4. Sign the trust agreement: The living trust agreement is the legal document establishing the trust. You will need to sign the deal before witnesses and have it notarized.

5. Fund the trust: To be effective, a living trust must be funded with assets. This means transferring ownership of investments into the trust.

6. Maintain and review the trust: It is essential to periodically review and update your living trust to ensure it continues to meet your estate planning goals.