KENNETH C. COURVILLE
ATTORNEY

PRACTICE AREA - LIVING TRUSTS

Often people are sold on the idea of living trusts as a cure all for all estate planning. Living trusts do offer some advantages, but not everyone should have one. Often unscrupulous attorneys, accountants, financial planners, promoters and other "advisors" will suggest that living trusts will eliminate estate taxes and always save you money. This is simply not the case. However, living trusts can provide some benefits when appropriate.

The idea behind a living trust is simple. You create a trust that you can revoke at any time during your lifetime. You place all of your property in the trust. Often, you will act as the first trustee. If you are ever unable to make decisions regarding your trust's property, such as due to a stroke or other disease or your death, a substitute trustee you selected will step in and manage the trust property and, upon your death, distribute the trust property to those whom you have selected. Since upon your death, you own nothing in your name, there is no need to probate a will or administer any assets through the probate court.

Texas has one of the easier probate processes in the country. Even with our simple probate process, there are some advantages to using a living trust to avoid probate:

Another way you might use a living trusts is to plan for unforseen events such as a stroke or disease that would make it impossible to manage your affairs. A living trust can allow your loved ones to avoid the expense and frustration of applying for a guardianship of your estate if you are ever unable to manage your affairs.

It is important to remember that unlike a will, you do not just sign a living trust agreement and never think about it again. In order to obtain the advantages of your living trust, you must change the title to your property to the trust. Depending on your property, there may be some considerable paperwork involved in setting up your living trust. However, the time you invest now may ensure you and your loved ones are protected in the future. If you would like to visit with me about whether a living trust is right for you, do not hesitate to call me and set up an appointment. I look forward to hearing from you.



Not certified by the Texas Board of Legal Specialization.

Last updated Wednesday, August 8, 2001, at 3:01 pm CDT (-0500).

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