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I am frequently asked by prospective estate planning clients, "Do I need a trust?" The answer is the classic one: It depends. They are not a one-size-fits-all solution. Whether setting up a living trust is a good idea for you should be discussed with an estate planning attorney who has full knowledge of your assets, family circumstances, and desires.

Not everyone needs a trust, and in some cases, it can be more money than it's worth. However, there are at least six really good reasons for you to have a living trust in your estate planning package. Key considerations for drawing up a trust include the amount in your estate, whether you own assets in another state, privacy concerns, limits you can place on beneficiaries, and protecting your assets.

Families frequently come to me needing to know how to figure out who gets what when a loved one dies without a will. Unfortunately, the answer is that they may be in for a lot of expense and time in a very complicated legal proceeding. A judge will need to determine who will receive portions of the estate, either using an Affidavit of Heirship or an Application for Determination of Heirship.

Estate planning is even more important for LGBTQ+ individuals, yet it is often overlooked until it is too late. Whether you are married or not, you should consider drawing up a Will, a statutory durable power of attorney, a medical power of attorney, a power of attorney to dispose of remains, and review possible beneficiary designations to ensure your wishes are honored in the event of your passing.

The cost of a living trust in Texas depends on the type of trust you need. A revocable trust is one that can be completely or partially revoked either during the lifetime of the person creating the trust or afterward. An irrevocable trust means just that: it cannot be revoked. The cost of a very simple living trust is a minimum of $1,500 - $2,000. The average cost goes up incrementally with the complexity of the trust document.

Trusts are an excellent tool to provide for the future needs of yourself or your loved ones. A trust can be especially beneficial if you have children with special needs, including minor children and adult children with disabilities. There are two types: general support and supplemental care. You can also create a trust for yourself if you need to apply for Medicaid and your assets exceed the limits to qualify.

Setting up a Living Trust is the best way to ensure your assets are passed onto the right people if you pass away. To start the process, you will need to gather all pertinent information about your assets, choose your primary and secondary trustees, determine how you want the trust to operate after your passing, and finalize the trust agreement with the help of an attorney.

Even well-meaning people can make mistakes, especially when overwhelmed with obligations and grief. When a loved one passes away, however, it is important that you don't wait too long to start the probate process, distribute their property before probate has finalized, contact their bank or retirement accounts too soon, forget to inform social security or pension, fail to maintain their property, or drive their vehicle. These common mistakes could end up causing more trouble and expense for you and your family in the long run.

Many people incorrectly assume that a living trust is a magical estate planning tool for everyone. For some people, a living trust truly is a smart way to handle their estate, but for others, it is an unnecessary expense. A living trust is more costly to prepare than a standard Will. However, it allows you to include specific, detailed provisions in your estate plan and protect your mineral or real estate issues.

People frequently delay having a will drawn up because of concern for the cost. The cost of preparing an estate plan package is very reasonable. A standard "Mom and Pop" Will without other detailed provisions generally ranges from about $500 to $750 per person. Compared to the expense you would be out to handle your estate without a Will or other estate planning documents, it is a bargain.