Revocable Living Trust Attorney in Houston, TX

You can create your own living trust in Texas, but the document is the easy part. A trust only works for assets you actually move into it, and DIY kits rarely handle the deed to your home, the homestead signature rules, or the funding of each account. Many also ignore Texas community property and couples' survivorship planning. The result is a signed trust with nothing in it, which sends your family to probate anyway. A flat-fee Trust Plan includes the deed, recording, and a funding memo, so the trust does its job.

Many Houston families do well with a will, especially when most assets pass by beneficiary designation. A living trust makes more sense when you want to avoid probate entirely, keep your plan private, plan for incapacity without a court, or own property in more than one state. It also helps blended families and parents who don't want children to inherit everything outright. Texas probate is simpler than in many states, so a trust isn't automatically better. Francisca recommends the simpler plan when it fits and explains why when it doesn't.

Yes, for every asset the trust actually owns. When you die, your successor trustee distributes trust assets without a probate case in Harris County. Anything left in your own name still goes through probate, though your pour-over will moves it into the trust. That's why funding matters as much as drafting. Accounts with a named beneficiary, such as life insurance and retirement accounts, pass outside both the trust and probate, so their beneficiary forms need to match your plan.

Your home, other real estate, bank and brokerage accounts, and business interests usually belong in the trust. Retirement accounts such as IRAs and 401(k)s should stay in your name, because retitling them can trigger income tax. They pass through beneficiary designations instead, which can name the trust when that fits. Everyday vehicles are often left out too. Francisca's funding memo lists each of your accounts and the step it needs, so nothing is missed.

No. Because you keep control of a revocable trust and can change it anytime, its assets are treated as yours for creditors and for Medicaid eligibility. A revocable trust avoids probate and plans for incapacity, but it isn't asset protection. Long-term care planning uses different tools, such as certain irrevocable trusts, and those come with real trade-offs and timing rules. Francisca explains those options through Medicaid planning and irrevocable trusts.

No. You serve as your own trustee, so you keep buying, selling, and managing your property just as before. You can amend or revoke the trust at any time while you're competent. Your home stays your homestead, and you keep filing taxes under your own Social Security number, since a revocable trust doesn't need its own tax return while you're alive. The difference shows up only if you become incapacitated or pass away, when your successor trustee steps in without a court.

Most Houston couples use one joint trust. A joint trust keeps community property together, makes funding simpler, and lets the surviving spouse keep managing everything without a court. The Trust Plan for couples also includes a community property survivorship agreement, so community property passes smoothly to the surviving spouse. Separate trusts can make more sense for blended families or when one spouse brings significant separate property into the marriage. Francisca recommends the structure that fits your family.

Name someone organized, trustworthy, and able to handle paperwork, plus at least one backup. Your successor trustee manages the trust if you become incapacitated and distributes your property after your death, so financial reliability matters more than family rank. Many people choose a spouse first and an adult child second. Co-trustees can work for siblings who get along, but they must agree on decisions. Francisca can help you weigh the options and draft clear powers so your trustee can act with confidence.

Your successor trustee gathers the trust's assets, pays final bills and taxes, and distributes property to your beneficiaries under the trust's terms, all without opening a probate case. Banks and title companies usually accept a certificate of trust as proof of the trustee's authority. The trustee also has legal duties to act in your beneficiaries' interest and keep them informed. The firm focuses on planning and does not handle trust administration after death, but it refers trustees to trusted colleagues who do.