TRUSTS LAWYERS IN KATY

Katy Trust Attorneys for Estate Planning and Asset Protection

Theander & Grimes, PLLC is a Katy-based estate planning and elder law firm helping families in Fort Bend and Harris Counties protect what they’ve built. Attorneys Christy Theander and Amanda Grimes bring over a decade of combined legal experience to trust planning, working directly with clients to help shield family assets from probate and, where appropriate, creditor claims. Whether you need a living trust, an irrevocable trust, or a special needs trust, our team integrates trust strategy with the broader picture: Medicaid planning, guardianship, and probate avoidance.

Call (281) 968-9965 now or contact us online to schedule a consultation with trust attorneys in Katy at Theander & Grimes, PLLC.

Why Katy Families Work With Theander & Grimes, PLLC on Trust Planning

When you work with us, you work directly with Christy Theander and Amanda Grimes, not just support staff. That access matters in trust planning because the decisions involved touch every part of your estate: what assets to transfer, how to structure beneficiary provisions, and how the trust interacts with Medicaid eligibility or guardianship needs. Our estate planning practice is built alongside our elder law work, so those moving parts don’t get handled in isolation.

We take time to understand each family’s dynamics and financial situation before recommending a structure, and we maintain open communication throughout the process so you know where things stand.

Understanding Trusts: What You Need to Know

In general, trusts serve one of two purposes, if not both: funding special care and helping protect family assets from being liquidated by creditors or in probate. For example, you might create a trust to limit the countable assets in your name when qualifying for Medicaid. If you have a child with special needs, you can set up a trust to help support their care even after you’re gone.

What Is a Living Trust?

A living trust is one of the tools available for planning an estate. It allows a person to control their assets while they’re alive and then have those assets distributed to beneficiaries after their death.

You can use a living trust, also known as a revocable trust, to transfer property and other assets so they fall under the ownership of the trust rather than your name. Putting assets in a living trust can keep them out of probate, which may help your family access what they need more efficiently following your passing. It’s worth noting, however, that a revocable living trust doesn’t generally shield those assets from creditor claims during your lifetime. Because you retain control and can revoke the trust at any time, creditors often can still reach those assets with proper legal process.

What Is an Irrevocable Trust?

An irrevocable trust generally can’t be modified or revoked once it’s formed, making it useful in many asset protection and planning strategies. For example, some people place assets into an irrevocable trust to reduce the resources that count against them when applying for Medicaid, if done in compliance with Medicaid’s rules and look-back periods. It’s important to form this kind of trust with care, as significant changes usually aren’t available after creation.

What Is a Special Needs Trust?

If you have a child or other loved one with special needs, you know how expensive it can be to provide them with the right care. Gifting that person money directly may reduce or even disqualify them from important SSI or Medicaid benefits. Establishing a special needs trust allows you to provide supplemental care and financial support while helping preserve eligibility for those government benefits. The laws surrounding special needs trusts are complicated, so it’s important to work with a knowledgeable team of Katy trust lawyers to set one up correctly.

Steps to Setting Up a Trust in Katy

There are a few key requirements in Texas when it comes to creating a trust. For example, there must be a stated purpose for the trust to prevent people from sheltering money indefinitely. There are also limits to how long a trust can last under the Texas Trust Code’s rule against perpetuities.

Before setting up a trust, you should consider:

• Why the trust will be established
• What exactly will go into the trust
• Who will be the trustee/hold the title for the property
• Who the beneficiaries will be

How to Create a Living Trust in Texas

To create a living trust in the state of Texas, these are the steps you’ll need to take:

1. Determine which type of trust you need. If you’re single, you’ll typically want a single trust. If you’re married, you and your spouse can each create your own trust, or you can create a joint trust together.
2. Take stock of your assets and property. To create a trust, it’s important to know what you own and what you want to put into the trust. Assets you can transfer to a living trust include stocks, bonds, real estate, family heirlooms, bank accounts, and vehicles. You can’t transfer a retirement account like a 401(k) into a living trust, but you can usually name the trust as a beneficiary.
3. Choose a trustee. You can name yourself as trustee or appoint someone else. If you name yourself, you’ll also need to name a successor trustee who will take over when you die or if you become unable to serve.
4. Make the trust document. You can do this using an online service or with the help of an attorney, but working with a Katy trust attorney can help you tailor the document to your goals and Texas law.
5. Sign the trust document in front of a notary.
6. Put the property you want inside the trust. This is called “funding the trust.” Retitling property and completing transfer paperwork takes effort, so working with a trust attorney in Katy can simplify this step and help you avoid mistakes.

Theander & Grimes, PLLC has experience helping clients in the greater Katy area establish effective trusts that coordinate with broader estate and elder law planning. Let a Katy trust attorney help you plan your family’s estate and help you keep your property in your own hands as much as possible.

Ready to begin planning your family’s trust? Call (281) 968-9965 now to schedule your consultation with a trust lawyer in Katy at Theander & Grimes, PLLC.