Trusts

Living Trusts for the Homestead

Homestead trusts usually fall into the category revocable inter vivos trusts although they can be irrevocable as well. A living trust for the homestead is an excellent probate-avoidance device and our firm is a strong advocate of these. We suggest reading our article on Living Trusts for the Texas Homestead.

Living trusts are often prepared in conjunction with a pour-over will.

Investor Land Trusts

These trusts are also categorized as revocable inter vivos trusts but are established by investors on non-homestead properties, often in conjunction with an assignment of beneficial interest. See our article on Investor Land Trusts.

Anonymity Trusts

Investor land trusts sometimes seek to conceal the true party in interest behind record title. Our firm uses a very specific anonymity system.

Testamentary Trusts

Unlike living trusts, testamentary trusts take effect upon death of the trustor/settlor/grantor. Testamentary trusts can be prepared for both homestead and non-homestead properties.

Trust-Related Deeds

Deeds in connection with trusts must be prepared carefully. If the property is homestead, the deed should contain specific language indicating that the grantee is a qualifying trust for purposes of preserving the homestead tax exemption.

Trusts in LLC Formation

It is possible to form a living trust that acts as sole member of a newly-formed LLC, usually as a means to achieve a relative degree of anonymity. This approach requires careful drafting as the trust must be integrated across all core LLC documentation.

Anonymity Techniques

Considerable effort, expense, and creativity may be involved in anonymity. There is nothing easy or automatic about achieving anonymity in Texas or any other state. Layering of entities may be necessary, and even then the anonymity achieved will be relative rather than absolute.

Anonymity, if desired, must be built into an asset protection structure from the beginning. Read our article on Anonymity in Texas Real Estate.

Trust-Related Documents

Living Trusts for the Homestead

Investor Land Trusts

Trusts in LLC Formation

Warranty Deeds into Trust

Amendments and Modifications to Trust

Certifications of Trust

Terminations of Trust

Assignments of Beneficial Interest

Pour-Over Will

Consultation Recommended

Trusts are a complex area. There are many types of trusts that are used in real estate and asset protection. We work with some but not all of these. Also, unless you are absolutely certain that a particular type of trust is what is needed in your case, and you are absolutely certain of its legality and suitability in the circumstances, an initial consultation is recommended so we can review your case and determine the correct legal solution.

At our discretion, we may require an initial consultation before proceeding with any trust project. View our process and fees for online consultations.

Next Steps

Please complete our Client Inquiry Form. Our initial response will be preliminary and general in nature and not a formal legal opinion. You will then have the option of proceeding with paid legal services if you wish.