Legal Question in Wills and Trusts in Texas

Re: probating a formal will vs a revocable trust

The question of whether your estate would be better served by a living trust or a will is a very personal one. No one should recommend one over the other to you without first knowing your goals and the extent of your assets. For many small estates, it may be cheaper in Texas to probate a will than to create a living trust. Living trusts are effective tools for many people who wish to avoid estate tax on large estates or to protect their privacy. However, unless all your assets are transferred into the trust, it may be that your survivors will have to probate your will even though you had a living trust. I would be happy to discuss this with you further. Call me at 210-655-9090.

Re: probating a formal will vs a revocable trust

It all depends on the purpose of the trust. A trust is a tool used in estate planning, as is a will. Living trusts started in California as a means of reducing the value of an estate, because California lawyers received a percentage of the estate for handling it in probate. Texas probate is pretty straightforward, and Texas lawyers typically handle the probate on a straight time basis; they get paid for their time without regard to the size of the estate.

What is it you want to do?