A Texas Overview of a Revocable Living Trust
John Wilson • March 2, 2019
Revocable Living Trusts Are "Living" Because You Make Them While You Are Alive
A living trust is a legal document created during an individual's lifetime wherein a trustee, or other designed entity, assumes a fiduciary duty to manage an individual's assets for the benefit of the eventual beneficiary. A living trust is also known as an inter-vivos trust and the duration of this living trust is determined at the time of the trust's creation. An important benefit of an inter-vivos trust is to avoid probate and the expenses associated with litigation after the individual's death. Further, establishing a revocable inter vivos trust avoids a conservatorship of your estate upon your incapacity. A conservatorship is a court-supervised proceeding in which the court appoints an individual as guardian of your assets and an incapacitated person. Out Dallas trust lawyers can assist you in creating your living trust documents. For more information on our will and trust practice, visit our Will & Trust Practice
web page.
When Does A Trust Become Effective?
A trust is effective upon creation by the grantor. A trustee manages and distributes assets through the duration of the trust, and a successor trustee continues the purposes of the trust in the event a successor ceases to be able to act for the trust either by way of incapacity, death or simply quitting the trust. A trust, unlike a will, avoids probate and therefore avoids time and expensive of a legal process. A trust does not need to be probated.
Is The Trust Process Private?
Given a trust is not subject to probate, it does not require public disclosure as wills do. Trusts are a private process.
Who Controls The Trust Process?
Unlike a will, a judge is not be involved in a trust unless its defective. This means that assets in a trust can be passed through to family members immediately and without court intervention. With that said, the grantor in a trust maintains control throughout their lifetime and until a successor trustee is appointed. A trustee, or successor trustee, controls the trust.
Must A Trust Own Assets To Be Effective?
Unlike a will, a trust must be funded for it to become effective. The trust must hold property (e.g. cash, title to land, or other assets). The trust becomes funded when the assets are properly titled and transferred after a grantor forms the trust. Trusts only go into probate when they are either lacking beneficiary or they are not funded.
What Happens To A Trust If I'm Incapacitated?
A trust can carry out trust terms and trust provisions immediately upon incapacity because it is effective during your lifetime, and the trust includes plans for contingencies and successor appointments. Simply, a trust can carry on your wishes during incapacity and beyond death.
Explore the Texas Uniform Fraudulent Transfer Act (TUFTA) and its role in safeguarding business partnerships from asset mismanagement and financial disputes. Practical steps to protect your interests with insights from Wilson Whitaker Rynell, a Texas law firm specializing in complex commercial litigation.
Texas' new S.B. 2794 "Three Strikes" law, effective Sept 2025, fights child visitation denials in Dallas, Plano, Frisco, and DFW. Learn how Wilson Whitaker Rynell helps enforce custody orders and secure remedies.
Wilson Legal Group P.C. proudly recognizes John T. Wilson, Leigh Whitaker, and Kayla Holderman for their 2025 Texas Super Lawyers and Rising Stars selections, showcasing their dedication to legal excellence.
Learn when a verified denial is required in a Texas lawsuit under TRCP 93. Wilson Whitaker Rynell, a Dallas law firm, explains key scenarios, consequences, and case law to protect your defense. Contact us at 972-248-8080.
Need an aggressive divorce lawyer in DFW? Board-Certified attorney with a proven track record in high-asset division & custody across Dallas, Collin, Denton & Tarrant.
Learn about minority shareholder rights in Texas, including suing for corporate dissolution under TBOC § 11.404. Explore rehabilitative receivership, close corporation remedies, LLC dissolution standards, and supporting claims like breach of fiduciary duty, fraud, and inspection rights.
Texas horse contract law: what to include in sale, lease, boarding, training & breeding agreements. Protect your investment—work with a Texas equine attorney.
Challenge Texas personal jurisdiction with a Rule 120a special appearance. Learn how to challenge Texas personal jurisdiction with a Rule 120a special appearance, what counts as “minimum contacts,” and why emails, payments, or a single contract often aren’t enough.
Need to remove a member or exit an LLC in Texas? Wilson Legal Group P.C. drafts buyouts, resolves disputes, and ensures compliance with the TBOC.
The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.
Have an idea for a blog? Click and request a blog and we will let you know when we post it!
