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Trusts in Texas & New Mexico | Revocable Living Trusts & More | The Longhorn Law Firm
Estate Planning · Trusts

Trusts, explained plainly.

A trust can keep your family out of probate, manage money for children, plan for incapacity, and protect a loved one's benefits. Here's how the main types work in Texas and New Mexico — and how to tell whether you need one.

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How a trust works.

A trust is an arrangement in which one person (the trustee) holds and manages property for others (the beneficiaries), following written instructions you set. Texas trusts are governed by the Texas Trust Code, and New Mexico trusts by the New Mexico Uniform Trust Code. With a revocable living trust, you usually serve as your own trustee during your lifetime, so day-to-day life doesn't change.

Revocable living trust

You keep full control and can change or cancel it at any time. At your death — or if you become incapacitated — the successor trustee you chose takes over without court involvement.

Testamentary trust

Created by your will and funded after your death — often used to hold an inheritance for minor children until they're older.

Irrevocable & Medicaid asset protection trusts

Generally can't be changed once signed. Used in Medicaid and long-term-care planning, but only when set up well in advance: Medicaid looks back five years at transfers.

Special needs trust

Holds assets for a person with a disability without disqualifying them from SSI or Medicaid. Learn more →

Explore each type.

Why families use a living trust.

  • Avoids probate for assets titled in the trust — often the main reason.
  • Plans for incapacity: your successor trustee can manage trust assets without a court-ordered guardianship.
  • Keeps matters private: a trust generally isn't filed with the court the way a will is when it's probated.
  • Handles property in more than one state — such as a home in Texas and land in New Mexico — without a separate probate in each.
  • Controls timing for beneficiaries who shouldn't receive everything at once.
The step most people miss
A trust only controls what's in it.

A living trust works only if your assets are actually transferred into it — real estate deeded to the trust, accounts retitled or naming the trust as beneficiary. A short "pour-over" will catches anything left out, but those assets may still need probate. We help you fund the trust, not just sign it.

What a living trust doesn't do.

A revocable trust doesn't reduce income taxes, doesn't by itself protect assets from your creditors during your lifetime, and doesn't help you qualify for Medicaid — because you still control the assets. And with the federal estate tax applying only above $15 million per person in 2026, most families don't need a trust for tax reasons at all.

Will or trust: which do you need?

A will may be enoughA trust may be worth it
ProbateProbate in your state is manageable for your estateYou want to avoid probate entirely
PropertyProperty in one stateReal estate in more than one state
FamilyStraightforward family and beneficiariesBlended family, minor children, or a beneficiary who needs long-term management
PrivacyPrivacy isn't a major concernYou'd prefer the details stay out of court records
IncapacityPowers of attorney cover your needsYou want a successor trustee ready to manage assets seamlessly

Texas probate is often fairly streamlined, so many Texas families do well with a will; the answer can change with New Mexico property or real estate in another state. We'll give you a straight answer either way.

Trust pricing.

Trusts are quoted after a consultation, because the right trust depends on your family, your property, and your goals. The documents that usually accompany a trust are flat-fee:

Texas

Jeff Barnett, Of Counsel (Texas Practice) · Austin
Will$600
Statutory Durable Power of Attorney$150
Medical Power of Attorney$150
Directive to Physicians (Living Will)$100
TrustsQuoted after consultation

New Mexico

Shawn Barnett, Managing Attorney · Albuquerque
Will$600
Durable Power of Attorney$150
Health-Care Power of Attorney
Part 1 of the NM Advance Health-Care Directive
$150
Living Will / Treatment Instructions
Part 2 of the NM Advance Health-Care Directive
$100
TrustsQuoted after consultation

Flat fees are per person and cover preparation of each document. The first hour of an estate planning consultation is free; if a consultation runs longer than one hour and you don't purchase an estate planning package, additional time is $300 per hour, prorated to the nearest quarter hour. Court filing and county recording fees, if any, are separate. Prices effective through December 31, 2027.

Common questions.

Do I need a trust if I already have a will?+
Not necessarily. A will plus powers of attorney is enough for many families. A trust is worth considering if you want to avoid probate, own real estate in more than one state, have a blended family, or want long-term management for a beneficiary.
Can I be my own trustee?+
Yes. With a revocable living trust you're usually the trustee during your lifetime and keep full control. You name a successor trustee to take over if you die or become incapacitated.
Does a living trust protect my assets from nursing home costs?+
No. Because you control a revocable trust, its assets still count for Medicaid. Medicaid planning uses different tools, such as certain irrevocable trusts, which generally must be in place well before care is needed because of Medicaid's five-year look-back.
Will a trust save my family estate taxes?+
Usually not — and usually there's nothing to save. The federal estate tax applies only above $15 million per person in 2026, and neither Texas nor New Mexico has a state estate tax.
How much does a trust cost?+
Trusts are quoted after a consultation because they vary widely. Related documents are flat-fee: a will (often a pour-over will) is $600, powers of attorney are $150 each, and a living will is $100.

Texas estate planning services are provided by Jeff Barnett, Of Counsel (Texas Practice), of Barnett & Leuty, PC, Austin, Texas, licensed in Texas. New Mexico estate planning services are provided by Shawn Barnett, Managing Attorney, licensed in New Mexico. This page provides general information, not legal advice; reading it does not create an attorney-client relationship.

Is a trust right for you?

Call or text to schedule a consultation. We'll tell you honestly whether you need a trust — and quote it before you commit.