Should I Set Up a Trust in Texas?

 Posted on June 17, 2025 in Estate Planning and Probate

If you worry about what will happen to your estate after your death, you might find it eases your worries to make thorough preparations. One step you might take is setting up a trust for your beneficiaries. When combined with a well-written will, a trust can be a powerful tool in its own right. With assistance from a Texas estate planning attorney, you can set up a living trust according to your specifications.

There are numerous benefits to setting up a trust in your lifetime, particularly when it comes to protecting your property. At Geoff Mayfield, Attorney at Law, we can guide you through the process of establishing a trust, helping you steer clear of risks and liabilities. 

Can I Avoid Probate Through a Living Trust?

A living trust can be used to exclude certain property from the probate court. After your passing, all of your assets and property will go through probate court to be divided up among your beneficiaries. Even if you designate who will receive your assets in your will, disputes can still arise between your beneficiaries.

Putting your assets or property in a trust can "cut out the middleman" of probate court. Assets in your living trust are passed on directly to the person named in the trust. At Geoff Mayfield, Attorney at Law, we can help you create a trust to ensure a smooth transfer of wealth or property.

Are My Assets Safe in a Trust?

After your death, your outstanding debts must still be addressed. This means that if you owe money to another person or entity, they could make a claim on your estate to clear the debt. This can result in fewer assets being passed down to your beneficiaries, a potentially devastating loss depending on how much debt you owe.

If you want to protect your assets from creditors, you could set up an irrevocable trust, which offers greater security in exchange for less direct control over your assets. Our firm can discuss your plans for your estate with you to see if an irrevocable trust is right for you.

Can I Control a Trust?

One of the other benefits of a trust is that you can include specific instructions as to how your assets should be distributed. Consider a situation where you want to set aside money for a younger relative. Giving a young child access to the money in that trust is not typically practical. By setting up a trust, you can include conditions for when the money will be distributed.

You can also include terms for how much money you want released from the trust at a time. This might be prudent to include if you are worried that your beneficiaries will squander assets that are transferred in a lump sum.

Contact a Bexar County, TX Estate Planning Attorney

If you have started to think about estate planning, you could consider setting up a trust for your beneficiaries. At Geoff Mayfield, Attorney at Law, our Comal County, TX living and irrevocable trust lawyer can help you protect your assets. Call our offices at 210-535-0870 to arrange a free consultation today.