Legal Question in Wills and Trusts in Texas

I and my wife want to place our residence in a trust that will cause the property to pass directly to one and only one of our three sons upon our death or no longer need for the property without going through probate or estate tax, etc. Is an irrevocable living trust the proper doc for this?


Asked on 1/08/11, 10:41 am

2 Answers from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

You should talk to an experienced probate attorney before doing anything. For example, at this time there is no estate tax on estates less than $5,000,000 and in two years, there will still be no tax on estates less than a million. If your assets are that large, you need to so estate planning with an attorney immediately.

Also, just because you have a trust does not necessarily mean that there will be no need for a probate or administration. Most of the time a trust is not called for and drafting and administrating a trust is usually more expensive that going through the probate process.

That being said, there are valid reasons sometimes to do a trust (not necessarily an irrevocable trust, though) and your attorney can help you do determine what is right for you.

If we can help you, please call our office at (817) 336-8500 for an appointment.

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Answered on 1/13/11, 11:47 am

ALthough you can do an irrevocable trust, it sounds like a bunch of unnecessary time and expense. If your objective is to just give your house to one son and exclude the other two, there are far simpler (and significantly less expensive) ways to accomplish your goals. When dealing with something as large and expensive as a house, it's never a good idea to have DIY legal work.

Dave

http://leonlaw.com

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Answered on 1/13/11, 12:06 pm


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