Understanding Trusts in Texas – A Practical Guide for Families


July 7, 2025

In Texas, creating a trust is one of the most effective ways to protect your assets and simplify the transfer of wealth to your loved ones. But many people still ask: “Do I really need a trust if I already have a will?”

🤝 Wills vs. Trusts: What’s the Difference?

While both tools allow you to pass down assets, they work differently:

  • A will takes effect after your death and typically goes through probate—a court-supervised process.
  • A trust becomes effective immediately and allows you to manage your assets during your lifetime and pass them on without probate.

💼 Common Types of Trusts We Use at The Barber Law Office:

  1. Revocable Living Trust
  • Avoids probate
  • Keeps your financial affairs private
  • Can be amended or revoked during your lifetime
  1. Irrevocable Trust
  • Cannot be changed after creation
  • Often used for asset protection or Medicaid planning
  • May reduce estate taxes and shield assets from creditors
  1. Special Needs Trust
  • Helps families care for disabled loved ones without jeopardizing their eligibility for government benefits

🛠️ Who Benefits from a Trust in Texas?

You might benefit from a trust if:

  • You own property in multiple states
  • You want to minimize court involvement
  • You have complex family dynamics (blended families, estranged relatives, etc.)
  • You’re concerned about protecting assets from lawsuits or nursing home costs

✅ Bottom Line:

Trusts aren’t just for the ultra-wealthy. For many Texas families, they’re the smartest way to protect their future and ensure a smooth legacy transition.

📞 Want to know which trust is right for your family? Call The Barber Law Office at (281) 464‑5297.