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With a will, youre pushing off all the expensive of probate until after youre gone, says Gonzales. A trust is more expensive to put together up front, which may be one reason why many lawyers promote them. Instead of paying for probate, you pay to have the trust set up and all the assets put in the trusts name.
A trust cannot own, manage, or sell real estate or other property. However, the trustee administering the trust may hold legal title to the property on behalf of the individual or individuals that the trust benefits. This means that the trustee may lease, sell, or otherwise manage the property.
Today we are discussing the property tax exemption only. Section 11.13 of the Texas Tax Code provides for the homestead property tax exemption generally. In order for property owned by a trust to qualify for the homestead property tax exemption, the trust must be considered a Qualifying Trust.
In a trust, assets are held and managed by one person or people (the trustee) to benefit another person or people (the beneficiary). The person providing the assets is called the settlor. Different kinds of assets can be put in trust, including: cash.
You could end up paying more than $1,000 to create a living trust. While these costs are a definite downside, youll dodge the potential dangers of DIY estate planning by getting an experts input.

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Texas law itself provides a substantial amount of protection for certain assets. In most cases, these include your homestead, a specific amount of personal property, retirement accounts, 529 college savings accounts, life insurance and annuities.
Texas does not have a domestic asset protection trust law. However, Texas law provides a good deal of asset protection for certain types of assets. For example, Texas law protects homesteads from forced sale to pay most debts and judgments.
With a will, youre pushing off all the expensive of probate until after youre gone, says Gonzales. A trust is more expensive to put together up front, which may be one reason why many lawyers promote them. Instead of paying for probate, you pay to have the trust set up and all the assets put in the trusts name.
Property transferred to a valid living trust can continue to qualify for Texas homestead exemption, as long as certain requirements are satisfied. Specifically, homestead status can only be maintained if the trust that owns the property must be a qualifying trust.
The Cons. While there are many benefits to putting your home in a trust, there are also a few disadvantages. For one, establishing a trust is time-consuming and can be expensive. The person establishing the trust must file additional legal paperwork and pay corresponding legal fees.

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