Question 1

What is a Living Trust?

Accepted Answer

A Living Trust (Revocable Living Trust) is a legal document that holds your assets during your lifetime and distributes them to beneficiaries after death—without probate. You serve as trustee while alive, maintaining full control. Upon death or incapacity, your successor trustee manages and distributes assets according to your instructions, avoiding court involvement entirely.

Question 2

What's the difference between a will and a trust?

Accepted Answer

A will takes effect only after death and must go through probate (court supervision, public record, 6-12 months). A trust takes effect immediately, avoids probate, remains private, and provides incapacity protection. Wills are simpler and less expensive. Trusts require more upfront work (funding) but save significant time and money later. Many people benefit from having both—a trust for major assets and a 'pour-over' will for anything not in the trust.

Question 3

How much does a Living Trust cost in Texas?

Accepted Answer

Living Trust costs vary widely. DIY templates cost $50-200 but carry significant risk. Online services like TexasEstates.com offer complete trust packages from $999-1,599 including pour-over will, POA documents, and funding guidance. Traditional estate attorneys typically charge $2,500-5,000+ for similar packages. Our Complete Trust Package ($1,299) includes attorney review.

Question 4

Do I need a trust if I have a will?

Accepted Answer

A will alone is sufficient for simple estates (under $500K, single-state property, straightforward beneficiaries). You should consider a trust if: your estate exceeds $500K, you own property in multiple states, you value privacy, you want to avoid probate, you have a blended family, or you want incapacity protection. Many estates benefit from both documents working together.

Question 5

What is 'funding' a trust and why is it important?

Accepted Answer

Funding a trust means transferring ownership of your assets into the trust. This includes: re-titling real estate, updating bank account ownership, changing beneficiary designations, and transferring investment accounts. An unfunded trust doesn't avoid probate—only assets actually IN the trust skip probate. We provide detailed funding instructions with every trust package.

Question 6

What is a Pour-Over Will?

Accepted Answer

A Pour-Over Will is a backup document that 'catches' any assets not transferred to your trust during your lifetime. These assets 'pour over' into your trust after death, ensuring they're distributed according to your trust terms. While these assets must go through probate, the pour-over will ensures everything ends up where you intended.

Question 7

Can I change my trust after I create it?

Accepted Answer

Yes, a Revocable Living Trust can be modified or revoked entirely at any time while you're mentally competent. You can add/remove beneficiaries, change trustees, modify distributions, or add/remove assets. This flexibility is a key advantage of revocable trusts. We recommend reviewing your trust every 3-5 years or after major life changes.

Question 8

What happens to my trust when I die?

Accepted Answer

Upon your death, your successor trustee takes over. They'll: (1) secure trust assets, (2) notify beneficiaries, (3) pay any debts and taxes, and (4) distribute assets according to trust terms—all without court involvement. This process typically takes weeks to months, compared to 6-12+ months for probate. Your family avoids court appearances, public records, and significant legal fees.

Question 9

Do I need a lawyer to create a trust in Texas?

Accepted Answer

Texas law doesn't require an attorney to create a trust, but trusts are more complex than wills. TexasEstates.com provides attorney-quality trust documents with proper Texas provisions. Our Complete Trust Package includes attorney review for added confidence. For complex situations (estates over $2M, business succession, special needs beneficiaries), we recommend a full attorney consultation through Continuum Counsel.

Question 10

How does a trust avoid probate?

Accepted Answer

Probate is only required for assets owned in your individual name at death. Assets in a trust are owned by the trust, not you personally—so they don't go through probate. The trust provides clear instructions for distribution, and your successor trustee has immediate authority to act. This avoids the time, expense, and public nature of probate court.

Feature	Will Only	Living Trust
Avoids Probate	No	Yes
Privacy	Public record	Private
Incapacity Protection	No	Yes
Takes Effect	After death	Immediately
Cost	$299-699	$999-1,599
Complexity	Simple	Moderate
Requires Funding	No	Yes
Multi-State Property	Multiple probates	Single administration
Best For	Simple estates	Larger/complex estates

Feature	DIY Templates	TexasEstates Best Value	Estate Attorney
Price	$50-200	$999-1,599	$2,500-5,000+
Texas-Specific	Often generic	Yes	Yes
Pour-Over Will Included	Sometimes	Yes	Yes
POA Documents	Extra cost	Included	Included
Attorney Review	No	Complete Package	Yes
Funding Guidance	None	Detailed instructions	Full service
Time to Complete	Days of research	30 min + 24-48 hrs	2-4 weeks
Support	None	Email/Phone	In-person meetings
Best For	Legal experience	Most families	Complex estates

Create Your TexasLiving Trust

What is a Living Trust?

Avoid Probate

Maintain Privacy

Incapacity Protection

Control Distribution

Protect Beneficiaries

Multi-State Assets

Will vs Living Trust: Which Do You Need?

How to Create a Living Trust in Texas

Answer Guided Questions

We Prepare Your Trust

Review & Finalize

Sign & Fund Your Trust

Who Should Consider a Living Trust?

Estates Over $500K

Privacy Seekers

Real Estate Owners

Business Owners

Blended Families

Those Planning for Incapacity

Texas Living Trust Pricing

Individual Trust

Complete Trust Package

Couples Trust

DIY vs TexasEstates vs Attorney

What's Included in Your Trust Package

Texas Living Trust FAQ

Need Attorney-Drafted Trust Documents?

Avoid Probate, Protect Your Privacy

Starting a Business?

Complex Estate? Work With an Attorney