Living Trust for Husband and Wife with No Children - Texas 2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the date at the top of the form where indicated. This establishes when the trust is created.
  3. In Article I, specify the name of your trust. This can be customized as per your preference, ensuring it reflects your intent.
  4. In Article II, fill in the names and addresses of both Trustors (husband and wife). Ensure accuracy as this identifies you as the creators of the trust.
  5. Designate a Trustee in Article III. You can appoint yourselves or another trusted individual. Include their name clearly.
  6. List all assets intended for inclusion in the trust under Article IV. Attach an Exhibit A if necessary for detailed descriptions.
  7. Review all sections carefully to ensure completeness and accuracy before finalizing your document.

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Potential drawbacks to consider: Higher upfront costs than creating a will. Administrative work to transfer assets into the trust. Ongoing management responsibilities. No tax advantages with revocable trusts. Complexity that may not be necessary for simple estates. Need for additional documents like pour-over wills.
It will comply with your directives and applicable law. For simple situations, you can use do-it-yourself books or software. There are also online legal service companies, such as our trusted partner, LegalZoom. Many people create their own forms to reduce costs and have a living trust attorney review their documents.
Non-grantor Trusts Texas and seven other states do not tax trusts on their income. All 42 other states have varying rules regarding when a non-grantor trust must file a tax return and pay taxes.
Trusts and Community Property If a trust is funded with assets accumulated during the marriage, those assets are typically considered community property, even if the trust is in the name of one spouse. This means that the assets within the trust could be divided between both spouses in a divorce.
The main benefit of putting a house in a trust in Texas is to bypass the probate process. Even if you have a will, all of your assets will go through probate when you die. For married couples, placing a house in trust ensures that the surviving spouse becomes the sole owner when the other spouse dies.
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Cons of a Living Trust in Texas Maintenance: Trusts require ongoing management, such as transferring assets into the trust and keeping it updated. No Tax Benefits: A revocable living trust does not offer tax benefits during your lifetime; it is treated like personal assets for tax purposes.
A living trust in Texas can cost anywhere from $500 to $5,000 to set up, depending on the complexity of the trust and the amount of assets involved. The average cost is typically around $1,500.

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