Living Trusts and Asset Management in Texas
A living trust is one of the most commonly discussed estate planning tools — and one of the most misunderstood.
Texas families often ask:
“Will a living trust avoid probate?”
“Does a living trust replace a will?”
“Does it protect my family during incapacity?”
A living trust can be an excellent tool for asset management — but only when it is designed and funded properly.
What Is a Living Trust?
A living trust is created during your lifetime. In many cases, the person creating the trust serves as:
The trustee during life
Names a successor trustee to step in during incapacity or after death.
How a Living Trust Helps With Asset Management
A living trust can help:
✅ Organize ownership of assets
✅ Allow continuity if you become incapacitated
✅ Reduce probate involvement for trust assets
✅ Provide structured distribution after death
✅ Protect beneficiaries from receiving assets too early
But these benefits depend on proper funding.
Funding Is the Key Step
A trust only controls assets that are titled into the trust. That means the trust must be funded by:
Transferring real estate (when appropriate)
Retitling certain accounts
Coordinating ownership structure
Aligning beneficiary designations with the plan
A living trust that is not funded may not achieve its intended goals.
Does a Living Trust Replace a Will?
Often, no. Many trust-based plans still include a will, which may:
Handle property not transferred to the trust
Name guardians for minor children
Provide a back-up framework for estate administration
The strongest plans use coordinated documents.
Considering trust planning for your Texas estate plan?
Trust planning can create stronger protection, reduce probate burdens, and help families plan intentionally for long-term stability — but it must be designed and funded properly.
Helpful resources:
If you’re considering a trust, schedule a consultation to determine whether trust planning fits your goals and how to structure it correctly.
