A Simple Tool With a Big Impact
The phrase “living trust” might sound like something reserved for wealthy families with sprawling estates, but in reality, it’s a tool that can help almost anyone. In Texas, where family ties run deep and property often holds sentimental value, a living trust can ease the burden on loved ones when life takes an unexpected turn.
At its core, a living trust is just a legal arrangement where you transfer your assets into a trust while you’re alive. You still get to use and control those assets, but the trust is what manages how they’re distributed after you’re gone. Unlike a will, a living trust doesn’t need to go through probate court, which can save your family time, money, and a fair bit of stress.
Why Families Choose Living Trusts
One of the biggest advantages of a living trust is privacy. A will becomes part of the public record once it’s filed in probate, which means anyone could technically look up your family’s business. A living trust, on the other hand, keeps everything behind the scenes.
Another benefit is control. You can set conditions for how and when your assets are distributed. For example, maybe you want your kids to receive their inheritance at certain ages rather than all at once. Or maybe you’d like to make sure a family property—like the old ranch house outside of San Antonio—stays in the family for future generations. A trust lets you spell that out clearly.
And then there’s the matter of time. Probate in Texas isn’t always quick. Some families wait months, even years, to settle things. With a trust, assets can usually transfer much faster, which makes a big difference when loved ones are already grieving.
Common Missteps and What to Watch For
Setting up a living trust isn’t complicated, but it’s not something to do with a generic online form either. I’ve heard more than one story of families who thought they had everything sorted, only to realize certain accounts or properties weren’t properly included in the trust. Without the right guidance, you risk leaving gaps that land your family right back in probate court.
There’s also the question of maintenance. A trust isn’t a “set it and forget it” document. As life changes—new kids, a move, buying or selling property—you’ll need to update it. It’s a living document in more ways than one.
Taking the First Step
The idea of creating a trust can feel overwhelming, but it usually starts with just talking through your goals. What matters most to you? Who do you trust to manage things if you’re not able to? Are there specific wishes you want honored? Once those questions are on the table, the paperwork becomes a lot less intimidating.
At Barrus and Roberts, PC, we work with families across Texas to create living trusts that fit their unique situations. Every family is different, and a cookie-cutter approach rarely works. You can read more about our approach at www.brlawyer.net.
Thinking Beyond Today
A living trust isn’t just about money or property—it’s about giving your loved ones clarity when they need it most. It’s about making sure your legacy is carried out on your terms, not left up to court schedules or state law.
If you’ve been meaning to look into estate planning but keep putting it off, a living trust might be the place to start. Think of it as one less worry for tomorrow and one more gift for your family today.