A revocable living trust is a legal container you create during your lifetime. You transfer your El Paso home, rental property or accounts into the trust, you serve as trustee and keep complete control, and when you pass away a successor trustee you chose distributes everything to your beneficiaries. Because the trust owns the assets, nothing has to go through probate court. Trusts are especially useful for El Paso families with property in more than one state, parents who want a child's inheritance managed until a certain age, and anyone who values privacy, since a probated will becomes a public record and a trust does not.
Texas trusts are governed by the Texas Trust Code, found in Title 9 of the Texas Property Code. Under Property Code Section 112.004, a trust involving real property must be in writing and signed by the settlor, and Section 112.051 makes a trust revocable unless it says otherwise, which is why you can amend or cancel it any time you are competent. The trust works alongside a pour-over will, which catches any asset you forgot to transfer, and a durable power of attorney that lets your agent fund the trust if you become incapacitated. Community property placed in a joint trust keeps its character under Section 112.052, which matters for the tax basis step-up at the first spouse's death.
Robert Navar drafts the trust agreement, the pour-over will, the deed transferring your El Paso real estate into the trust, and a certification of trust that banks accept without seeing the full document. You sign everything in one visit at our office in front of a notary, and we record the deed with the El Paso County Clerk. No court is involved at any point, during your life or after your death, as long as the trust is properly funded. That funding step is where do-it-yourself trusts fail most often: a trust that owns nothing does nothing, and the family ends up in probate anyway.
Living trust or will: which is right for an El Paso family?
Texas probate is simpler and cheaper than in many states thanks to independent administration and muniment of title, so not everyone needs a trust. A will with a self-proving affidavit plus a transfer on death deed handles many single-home estates well. A trust earns its cost when you own property outside Texas, want to control when children or grandchildren receive money, have a beneficiary receiving government benefits, want to avoid a guardianship if you become incapacitated, or simply want your affairs kept private. We will tell you honestly which option fits.
Funding the trust: deeds, accounts and beneficiary designations
Creating the trust document is half the job. Real estate must be deeded to you as trustee and recorded with the El Paso County Clerk; bank and brokerage accounts are retitled or given the trust as pay-on-death beneficiary; life insurance and retirement accounts usually keep individual beneficiaries but may name the trust as contingent. Vehicles are generally left out because Texas allows a beneficiary designation on the title. We provide a funding checklist and letters for your financial institutions so nothing is missed.
What's included
- Consultation in English or Spanish to design the trust around your family and property
- Revocable living trust agreement (individual or joint for married couples)
- Pour-over will with self-proving affidavit for each settlor
- Warranty deed transferring your El Paso County real estate into the trust, recorded
- Certification of trust for banks and title companies
- Funding checklist and account retitling letters
- Signing with notary at our office and organized binder with originals
How it works
Design meeting
We review your property, accounts, family and goals, then decide together whether a trust or a simpler will-based plan fits better. You receive a flat-fee quote before any drafting begins.
Drafting and review
Robert Navar drafts the trust, pour-over will, deed and certification, then walks you through each document in plain language. Revisions are included until you are comfortable with every provision.
Signing and funding
You sign at our El Paso office with a notary and witnesses. We record the deed with the El Paso County Clerk and give you the checklist and letters to move accounts into the trust.