Texas Living Trust for Husband and Wife with One Child

State:
Texas
Control #:
TX-E0177
Format:
Word; 
Rich Text
Instant download

Description

This form is a living trust form prepared for your state. It is for a husband and wife with one child. A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. The trust then owns and manages the property held by the trust through a trustee for the benefit of named beneficiary, usually the creator of the trust (settlor). The settlor, trustee and beneficiary may all be the same person. In this way, a person may set up a trust with his or her own assets and maintain complete control and management of the assets by acting as his or her own trustee. Upon the death of the person who created the trust, the property of the trust does not go through probate proceedings, but rather passes according to provisions of the trust as set up by the creator of the trust.

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How to fill out Texas Living Trust For Husband And Wife With One Child?

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FAQ

The laws in Texas surrounding intestate wills for married individuals without children are much simpler. The surviving spouse automatically receives all community property.If there are no surviving parents, siblings or descendants of siblings, the spouse gets the remainder of the estate's separate real property.

Some Trusts Protect Assets from Divorce. In California, trusts established before marriage are considered separate property. Other trusts including domestic or foreign asset protection trusts, revocable trusts and irrevocable trusts also protect assets in the event of divorce.

Joint trusts are easier to fund and maintain.In a joint trust, after the death of the first spouse, the surviving spouse has complete control of the assets. When separate trusts are used, the deceased spouses' trust becomes irrevocable and the surviving spouse has limited control over assets.

Aside from being used as an estate planning tool, trusts can be used for asset protection in divorce.If a spouse established a trust prior to the marriage, the assets placed in that trust are typically considered separate property as long as the funds are not combined with marital funds at any point.

Generally, trusts are considered the separate property of the beneficiary spouse and the assets in a trust are not subject to equitable distribution unless they contain marital property.Putting marital assets into a trust does not make those assets separate property.

Under Texas law, income from the separate estate of one spouse is community property and therefore, the revenues from Carlos' trust estate were community property.

Texas defines separate property as property owned before marriage or acquired by gift or inheritance.In general, principal distributions from a trust are a beneficiary's separate property.

Typically, when a married couple utilizes a Revocable Living Trust based estate plan, each spouse creates and funds his or her own separate Revocable Living Trust. This results in two trusts. However, in the right circumstances, a married couple may be better served by creating a single Joint Trust.

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Texas Living Trust for Husband and Wife with One Child