Legal Question in Wills and Trusts in Texas
Living Trust
We are in thr processof making our living trust.We have one property, our homestead.The homestead is in both of our name.We are not clear if we put the homestead in the living trust, does the deed need to be put in the name of the living trust?
Do we need to register the living trust in Texas?, if so were would we have to register it
Thank you
2 Answers from Attorneys
Re: Living Trust
Trusts aren't registered. They are kept private.
The deed would have to be to the trust, but why make a living trust for one piece of property? You'll need to probate a pour-over will just in case there's any other property (vehicles, personal effects, etc.) that hasn't been put in the trust, so you haven't saved any money.
Re: Living Trust
In addition to what has already been posted, there is some federal authority to say that you may lose the homestead exemption in Texas if your homestead is in trust.
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