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Wills vs. Trusts in Texas – Which Do You Really Need?

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When it comes to estate planning, one of the first decisions many people face is whether they need a will, a trust, or both. The answer depends on your goals, your assets, and your family situation.

📝 What Is a Will?

A will is a legal document that:

  • Specifies how you want your property distributed after death

  • Allows you to name a guardian for minor children

  • Appoints an executor to handle your estate

Important: A will must go through probate, the court process of validating it and distributing your assets. Probate in Texas is generally efficient but still public and time-consuming.

📘 What Is a Trust?

A trust is a legal arrangement where you (the grantor) place assets into a trust, managed by a trustee, for the benefit of your chosen beneficiaries.

There are many types, but the most common for estate planning is a revocable living trust.

Benefits of a Trust:

  • Avoids probate (in most cases)

  • Provides privacy (not part of public record)

  • Allows someone to manage your assets if you become incapacitated

  • Often faster distribution of assets

Drawbacks:

  • More expensive to set up

  • Requires active management and funding

⚖️ Will vs. Trust: A Side-by-Side Comparison

Feature Will Trust
Goes into effect After death Immediately upon signing
Probate required? Yes No (if properly funded)
Privacy Public record Private
Names guardian for minors Yes No (done through a will)
Manages incapacity No Yes
Cost Lower upfront Higher upfront

💡 Which One Do You Need?

You might benefit from a will if:

  • Your children are all adults

  • Your estate is relatively simple

  • You’re early in your planning process

You might benefit from a trust if:

  • You want to avoid probate

  • You own real estate in multiple states

  • You have a blended family

  • You own a business or large investment accounts

  • You want your estate to remain private

  • You have minor children (cannot inherit directly without either a court-appointed guardian or trust)

🧠 Final Thoughts

Estate planning isn’t just about distributing assets—it’s about protecting the people you love and avoiding future complications.

At Thomson Law Firm, I help Texans create practical, personalized estate plans. Whether you need a will, a trust, or a full estate package, I’ll help you make the right choice for your life and legacy.

📞 (832) 360-1165 | 🌐 thomsonfirm.com

Proudly serving families and individuals across Texas.
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