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What is the downside to a living trust? A living trust does not provide asset protection. Creditors can still make claims against trust property, and trust assets are considered in determining eligibility for Medicaid nursing home coverage.
Texas does not require a trust instrument to be notarized to be valid, but notarization is a best practice. If the trust may hold real property and need to be recorded in the real property records, you should have the trust acknowledged and notarized so the trust instrument can be recorded.
If you would like to create a living trust in Texas you will need to sign a written trust document before a notary public. The trust is not effective until you transfer ownership of assets to it. A living trust offers options that may be beneficial to you as you plan for the future.
It can cost anywhere from $500 to $5,000 to create a living trust in Texas, depending on the complexity of your estate and whether or not you use an attorney. If you have a simple estate and are comfortable handling the paperwork yourself, you could get by with spending just a few hundred dollars.
A trust is a legal document that names a trustee who will be responsible for managing the assets held in the trust for the benefit of whomever you decide should receive them. To create a living trust in Texas, you must find a licensed attorney familiar with the laws of trusts in Texas.