Trusts offer amazing benefits, but they also come with potential downsides like loss of control, limited access to assets, costs, and recordkeeping difficulties.
Transferring real estate to a living trust in Texas involves signing a deed that transfers the interest in the property to the trust and then recording this deed with the county to formalize the transfer. A wide range of financial accounts, including bank accounts, can also be transferred to a living trust.
Often, a Trust will be created along with a Will, which stipulates how holdings of the Trustor are to be distributed. Trusts can cover assets like real estate, but there may be other valuables that need to be transferred too. These valuables are known as Personal Property.
Trusts also can be very useful for asset protection purposes if the creditors of the beneficiary are prevented from reaching the trust's assets. A trust can be an effective way to place assets outside the reach of creditors. However, not all forms of a trust will function as an asset protection device.
In most situations, one would typically want to maintain full control of personal property assets. As a result, few would use this type of trust planning for personal property. An exception might be an heirloom of great value that spends most of its time in a safe deposit box.
The chief advantage is to avoid probate. Placing your important assets in a trust can offer you the peace of mind of knowing assets will be passed on to the beneficiaries you designate, under the conditions you choose and without first undergoing a drawn-out legal process.
When a property owner transfers property to their revocable living trust – which they can amend or cancel, in most cases – the property will not be reassessed (see exception, below).