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.

Can I Create an Asset Protection Trust for Myself in Texas?

Texas generally does not allow a person to use a self-settled trust to protect assets from their own creditors, although narrow statutory provisions may affect specific trust structures.

What Is an Irrevocable Life Insurance Trust (ILIT)?

This article explains how an Irrevocable Life Insurance Trust can keep life insurance proceeds outside a grantor’s gross estate, including its benefits, administration requirements, Texas community property concerns, and disadvantages.

What Assets Are Protected From Creditors in Texas?

The article explains which assets Texas law protects from creditors, including homesteads, personal property, retirement accounts, 529 plans, life insurance proceeds, and annuities, and discusses additional options such as LLCs and umbrella insurance.

Say What? Trust Terminology Defined

This article defines common trust terms, including grantor, trustee, beneficiary, principal, revocable and irrevocable trusts, pour-over Wills, testamentary trusts, and spendthrift clauses.

Texas Extends Rule Against Perpetuities to 300 Years

The article explains Texas’s 2021 extension of the rule against perpetuities from the traditional period to 300 years for most trusts and discusses a potential conflict with the Texas Constitution.

Should I Put My Guns to My Revocable Trust?

The article explains why transferring guns to a Revocable Trust can create legal risks involving NFA firearms, prohibited beneficiaries, and interstate transfers, and describes how a specialized gun trust may help.

Is Married Beneficiary’s Interest in a Trust Separate or Community Property?

Explains why principal distributed from a trust is generally separate property in Texas, while the characterization of trust income can depend on the beneficiary's right to demand it and trustee discretion.

Do I Need To Record My Trust in Texas?

In Texas, a trust generally remains a private document rather than being recorded with the Secretary of State, while an affidavit or certification of trust can verify the trustee’s authority.

What are the Responsibilities and Duties of a Trustee of a Testamentary Trust?

This article explains the qualifications, fiduciary duties, management responsibilities, compensation, removal, resignation, and appointment of a Trustee for a testamentary trust in Texas.

What is a Testamentary Trust?

A testamentary trust is created in a Will, becomes active after death, manages inheritances under stated terms, and does not avoid probate.

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