The Texas Statute Regarding Living Trust you see on this page is a versatile legal template created by experienced attorneys in compliance with federal and state regulations.
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To make a living trust in Texas, you: Choose between establishing an individual or shared trust. Determine which assets will be included in the trust. Select a successor trustee. Determine the trust's beneficiaries or those who will receive the trust's assets. Create the trust document.
As long as you are confident that your trust is validly formed in ance with state law, recording is not required nor necessary. However, for extra peace of mind, you may choose to record your Certificate of Trust with the county clerk's office in order to protect it from unauthorized changes or access.
Upfront and ongoing costs: Setting up a living trust can be expensive, as it typically requires the help of an attorney. Not only is there the cost of drafting the trust document, but also if real estate is going into the trust, new deeds must be prepared and notarized. There are filing fees to record the deeds.
To create a living trust in Texas, you must find a licensed attorney familiar with the laws of trusts in Texas. The attorney will advise you on how best to manage your property through the trust and help you develop a document that outlines your wishes.
Like a will, a living trust outlines how you want your assets distributed after death. However, because you place property into the trust before your death, the trust instrument doesn't need to be validated by probate.