Trusts Lawyer in Houston, Texas

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A trust can help make things easier for the people you love and give you more control over what happens to your assets. We’ll help you create a plan that fits your family, your goals, and your future.

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Trusts in Houston, Texas

A trust is the most powerful tool in Texas estate planning. The right one keeps your home out of probate, protects your kids’ inheritance from their future divorces, qualifies a parent for Medicaid without forcing them to spend down a lifetime of savings, holds a family business across generations, and handles a child with special needs without disrupting their benefits.

The wrong one — or worse, a trust template downloaded from the internet and never funded — does none of that. It just sits in a drawer until somebody dies and the family discovers the hard way that the document doesn’t actually own anything.

Your Legacy Legal Care® has been drafting and administering Texas trusts for over 20 years. Revocable living trusts. Irrevocable trusts for asset protection and Medicaid planning. Special needs trusts. Domestic asset protection trusts. Generation-skipping trusts. Spendthrift trusts. We draft them, we fund them, we administer them when the time comes, and we update them as families and laws change. The firm holds the Houston Chronicle’s Best Trust & Estate Law Firm award and serves clients from five offices across Greater Houston.

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How Much Does It Cost to Set Up a Trust in Texas?

A revocable living trust drafted by a Texas attorney typically runs $3,500 to $6,500 for an individual and $5,500 to $7,500 for a married couple, when packaged with the supporting documents (pour-over will, powers of attorney, medical directives) that every trust-based plan needs.

Irrevocable trusts cost more because they’re more complex and the drafting decisions have permanent tax and Medicaid consequences. A standalone irrevocable trust typically runs $9,000 to $15,000, depending on the type and the funding work involved. Specialized trusts — Medicaid asset protection trusts, special needs trusts, dynasty trusts, charitable remainder trusts, generation-skipping trusts — are quoted based on the structure required.

What’s not in those numbers: hourly billing or surprise invoices. We quote a flat fee in writing for the entire engagement, including trust funding, before drafting begins.

The figure that matters more than the cost of setting up a trust is the cost of not setting one up. A typical Houston probate runs $5,000 to $8,000 and takes six to twelve months. A contested probate or a lost asset-protection opportunity costs many multiples of that. A trust avoids both.

Is It Better to Have a Trust or a Will in Texas?

For most Houston families with a home, retirement accounts above $500,000, blended families, business interests, beneficiaries with special needs, or out-of-state property, a revocable living trust is the better instrument. Trusts avoid probate, work across multiple states without ancillary proceedings, allow for incapacity planning that a will can’t do, and keep the details of the estate private.

A simple will-based plan can work well for younger families with modest assets, no real estate, and straightforward beneficiary situations. The breakeven point typically falls between $400,000 and $600,000 of probate-eligible assets — below that, the upfront cost of a trust may not be justified by the probate avoidance.

The honest answer is that the choice should be made with an attorney who looks at the actual facts: what you own, who’s inheriting, whether incapacity is a concern, whether out-of-state property is involved, whether anyone in the family has special needs, and whether Medicaid planning is on the horizon. Either choice can be the right one — or the wrong one — depending on the facts.

What Are the Three Requirements of a Trust?

Every valid Texas trust needs three things:

Intent. The grantor (also called the settlor) must clearly intend to create a trust — to transfer property to a trustee for the benefit of beneficiaries. The intent has to be present at the time of creation and has to be expressed in the trust document.

Trust property. A trust must hold something. An empty trust is not a trust. This is where most online trusts go wrong — the document is signed and the family thinks they have a trust, but no assets have actually been transferred into it. Texas calls this trust funding, and without it the document is functionally inert.

Identifiable beneficiaries. The people (or charities) who will benefit from the trust have to be identifiable. They don’t have to be named individually — “my grandchildren” is sufficient — but they have to be ascertainable from the trust document.

A few other formalities apply to specific trust types: irrevocable trusts must be in writing, certain trusts require a non-grantor trustee, and trusts holding real property must comply with Texas’s recording requirements. We handle the formalities as part of the drafting.

The Types of Trusts We Draft

Texas recognizes a wide range of trusts, and most Houston estate plans we build use two or three working together. The right combination depends on what the family is trying to accomplish.

Revocable Living Trust

The workhorse of modern Texas estate planning. The grantor transfers assets into the trust, serves as their own trustee during life, and can change or revoke the trust at any time. At the grantor’s death (or incapacity), a successor trustee steps in and distributes the assets according to the trust terms — without going through probate. For Houston families with real estate, retirement accounts, or out-of-state property, the revocable living trust is usually the most cost-effective document in the plan.

Irrevocable Trust

Once funded, an irrevocable trust generally cannot be changed or revoked by the grantor. In exchange for that loss of control, the assets are removed from the grantor’s estate for both tax purposes and creditor protection. Used for estate tax minimization, Medicaid asset protection, gifting strategies, and life insurance ownership. The drafting decisions are permanent — which is why an irrevocable trust is one of the documents we most strongly recommend against doing on your own.

Medicaid Asset Protection Trust (MAPT)

A specialized irrevocable trust designed to remove assets from the grantor’s estate for Medicaid purposes while still allowing the grantor to receive trust income during life. Funded at least five years before any Medicaid application, the MAPT preserves assets for the next generation while still allowing the grantor to qualify for Texas long-term care Medicaid when needed. Central to most proactive Medicaid planning we do.

Special Needs Trust

Holds assets for the benefit of a person with a disability without disrupting their eligibility for SSI, Medicaid, and other means-tested benefits. Texas recognizes both first-party (self-settled) special needs trusts and third-party special needs trusts, with different rules for each. Almost every Houston family with a child or grandchild with disabilities should have one in place — see our special needs planning practice.

Domestic Asset Protection Trust (DAPT)

Texas recognizes domestic asset protection trusts — irrevocable self-settled trusts that protect the grantor’s own assets from future creditors. Used by physicians, business owners, and others in liability-exposed professions to shield assets that would otherwise be at risk in litigation. Must be set up before a claim arises; cannot be used to defeat existing creditors.

Spendthrift Trust

A trust that prevents the beneficiary from assigning their interest and prevents the beneficiary’s creditors from reaching the trust assets. Most modern Texas trusts include spendthrift provisions as a matter of course — the question is rarely “should we include it” and almost always “what’s the right structure to layer on top of it.” Particularly important when leaving assets to a beneficiary with creditor exposure, a troubled marriage, or a substance use issue.

Generation-Skipping Trust

Designed to pass assets to grandchildren (or further descendants) without triggering estate tax at the children’s generation. The federal generation-skipping transfer tax exemption allows substantial transfers when properly structured. See our explainer on generation-skipping trusts for more.

Marital Trust

Holds assets for the benefit of a surviving spouse, with the remainder passing to other beneficiaries (typically children) at the surviving spouse’s death. Used in second-marriage situations, blended families, and estates above the federal exemption to defer estate tax until the second death. Texas recognizes QTIP trusts and other marital deduction structures.

Testamentary Trust

A trust created by a will and funded at the grantor’s death. Used most commonly to hold assets for minor children until they reach an age the parent considers appropriate. Doesn’t avoid probate (the will still has to go through it) but provides post-death management of inherited assets.

Charitable Remainder Trust and Charitable Lead Trust

Split-interest trusts that benefit both family members and a chosen charity, with significant income tax and estate tax advantages. Used by Houston families with appreciated assets (typically stock or real estate) who want to combine charitable giving with retirement income or wealth transfer planning.

Houston — Main Office

• Address:1150 Clear Lake City Blvd., Suite 100 Houston, TX 77062
• Hours: M-F 9:00 A.M.-5 P.M.
• Phone:(281) 218-0880

Katy

• Address:10810 Katy Fwy #102, Houston, TX 77043
• Hours: M-F 9:00 A.M.-5 P.M.
• Phone:(281) 218-0880

Bay City

• Address:2232 Avenue G Ste 100, Bay City, TX 77414
• Hours: M-F 9:00 A.M.-5 P.M.
• Phone:(281) 218-0880

Sugar Land

• Address:120 Eldridge Rd Ste A, Sugar Land, TX 77478
• Hours: M-F 9:00 A.M.-5 P.M.
• Phone:(281) 218-0880

What Trust Funding Means and Why It Matters

A trust that hasn’t been funded is a piece of paper. The trust agreement sets up the structure, but assets only become trust assets when they are actually retitled into the trust’s name. That means:

The deed to the family home gets re-recorded with the trust as the new owner. Brokerage accounts get retitled with the trust as the account holder. Certain bank accounts get the same treatment. LLC and partnership interests get assigned to the trust. Beneficiary designations on retirement accounts and life insurance get reviewed against the trust structure (sometimes the trust is the right beneficiary, sometimes it isn’t — this is a decision, not a default).

Funding is where most online trusts and many cheap law-firm trusts fall apart. The document gets drafted but the actual asset transfers never happen. When the grantor dies, the family discovers that the home is still in the deceased’s name and probate has to happen anyway.

We include trust funding in every trust-based plan we draft. The price is set up front and includes the deed work, the account retitling, the beneficiary designation review, and the records the family will need to administer the trust.

When You Need a Trusts Lawyer

The textbook trigger is “any of the above types of trusts apply to your situation.” The realistic trigger is one of these:

You own real estate in your sole name. You own real estate in another state. You have retirement accounts above $500,000. You have a child or grandchild with a disability. You have a parent who is approaching the need for long-term care. You’re in a profession with liability exposure (medicine, real estate development, contracting). You’re in a second marriage with children from a prior relationship. You own a business. Your estate is approaching the federal estate tax exemption. You watched someone else’s family lose to probate, taxes, or a Medicaid spend-down and you decided you weren’t letting that happen to yours.

If any of these is true, the conversation about whether you need a trust — and which one — is worth having now, while the planning options are still open.

Why Houston Families Choose Your Legacy Legal Care®

Trusts are not where law firms should be cutting corners. They are permanent in some cases. They control assets you spent decades building. They affect family relationships for generations. The drafting matters, the funding matters, and the relationship with the firm matters because most trusts need to be reviewed periodically as family situations and laws change.

We are an estate planning, elder law, and probate firm. That’s the entire practice. Our team has drafted thousands of Texas trusts across two decades, and the same firm that builds your trust is here when the trustee needs help administering it, when the family wants to update it, or when a parent’s health changes and the Medicaid clock starts. Attorney Kim Hegwood is a Certified Dementia Practitioner and a member of the National Academy of Elder Law Attorneys.

The firm operates from five offices across Greater Houston: Clear Lake, the Galleria, Katy, Bay City, and Sugar Land. We won the Houston Chronicle’s Best Trust & Estate Law Firm award. Most trust engagements are quoted as a flat fee in writing before drafting begins.

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Five offices serving the Greater Houston area and clients across Texas.

Houston Trusts FAQ

What Are the 4 Most Common Types of Trusts?

Most estate plans use one or more of the following: revocable living trusts (avoid probate, allow incapacity planning), irrevocable trusts (asset protection and tax minimization), special needs trusts (preserve government benefits for disabled beneficiaries), and testamentary trusts (created at death by will to manage assets for minors or other beneficiaries). For more detail see our overview of trust types in Houston.

What Is the Difference Between a Revocable and Irrevocable Trust?

A revocable trust can be changed, amended, or revoked by the grantor at any time. The grantor retains full control. Assets remain part of the grantor’s estate for tax and creditor purposes. An irrevocable trust generally cannot be changed once funded. The grantor gives up control. In exchange, assets are removed from the grantor’s estate, providing tax benefits and creditor protection that revocable trusts can’t deliver.

Who Owns the Property in a Revocable Trust?

The trust owns the property in name, but the grantor retains effective control during life — they can take property out, add property, change beneficiaries, or revoke the trust entirely. For tax purposes, the IRS treats revocable trust assets as still owned by the grantor. For probate purposes, the assets are no longer in the grantor’s individual name and don’t pass through probate.

Who Owns the Property in an Irrevocable Trust?

The trust owns the property and the grantor no longer has control over it. The trustee manages the property for the benefit of the named beneficiaries according to the terms of the trust. Because the grantor has given up ownership and control, the property is generally outside the grantor’s estate for tax, creditor, and Medicaid purposes — which is the entire point of using an irrevocable trust.

How Do I Set Up a Trust in Texas?

Engage a Texas estate planning attorney. The process typically takes two to four weeks: an initial strategy session to identify the right trust structure, a drafting period, a signing meeting where the trust is executed and notarized, and a funding period where assets are actually transferred into the trust. The funding step is where most DIY trusts fail.

What Happens to a Revocable Trust When the Grantor Dies?

The trust automatically becomes irrevocable. The successor trustee named in the trust takes over, gathers and values the assets, pays the grantor’s debts and taxes, and distributes the trust property to the beneficiaries according to the trust terms — all without probate. See our overview of trust administration for more on the work involved.

Does a Trust Override a Will?

For assets that have been properly funded into the trust — yes, the trust controls. The will is irrelevant for those assets because they’re not part of the probate estate. For assets that were never funded into the trust, the will controls (typically through a “pour-over” provision that catches stray assets and directs them into the trust at death).

Can I Be My Own Trustee in Texas?

Yes for revocable trusts — most grantors serve as their own trustee during life and name a successor for after death or incapacity. For irrevocable trusts, the answer depends on what the trust is designed to do. A grantor who serves as trustee of their own irrevocable trust often defeats the asset protection or tax benefits the trust was created to provide. The choice of trustee is a structural decision that has to match the trust’s purpose.