Trusts

Trusts aren’t just for the wealthy. They offer practical benefits for many families, from avoiding probate to protecting a loved one’s inheritance. The right trust depends on your goals and circumstances.

What is a Miller Trust?

This article explains how a Miller Trust, or Qualified Income Trust, may help a Texas nursing home Medicaid applicant meet the income cap and outlines the trust’s requirements, trustee rules, and required distributions.

Do Trusts Protect Assets From Creditors in North Carolina?

North Carolina trusts generally do not protect a settlor's own assets from creditors, but properly structured spendthrift and discretionary trusts can help protect a beneficiary's inheritance.

Do Trusts Protect Assets From Creditors in Texas?

This article explains why revocable living trusts generally do not protect a person's own assets from creditors in Texas and how properly structured spendthrift trusts may protect an inheritance for beneficiaries.

The Power of Beneficiary Deemed Owner Trusts for Retirement Assets

The article explains how Beneficiary Deemed Owner Trusts use IRC Section 678 to shift taxable income from irrevocable trusts to beneficiaries while preserving asset protection for retirement assets after the SECURE Act.

Protecting Your Children’s Inheritance with a Trust

The article explains how a trust created in a Will can protect children's inheritance, avoid guardianship of the estate, guide distributions, and delay full control.

What are the Benefits of a Revocable Living Trust in North Carolina?

A North Carolina Revocable Living Trust can provide continued property management during incapacity, avoid probate, preserve privacy, and speed access to assets while remaining changeable during the creator’s lifetime.

What are the Requirements of a Valid Trust in Texas?

This article explains the requirements for creating a valid trust in Texas, including intent, capacity, written documentation, lawful purpose, trust property, a trustee, beneficiaries, and compliance with the Rule Against Perpetuities.

What is a Crummey Trust?

This article explains how Crummey Trusts use temporary withdrawal rights to qualify gifts for the annual gift tax exclusion while providing asset protection and structured distributions.

Designing a Trust if Asset Protection is Your Goal

The article explains how independent trustees, discretionary distributions, broad beneficiary classes, indefinite trust terms, and careful administration can strengthen asset protection trusts in Texas and North Carolina.

How a Spendthrift Trust Safeguards Inheritances

This article explains how spendthrift trusts can protect beneficiaries’ inheritances from misuse and certain creditor claims, including their creation and limitations under Texas law.

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