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Irrevocable Trusts in Texas & New Mexico | Uses, Limits & Protection | The Longhorn Law Firm
Estate Planning · Trusts · Irrevocable Trust

Irrevocable trusts: giving up control, gaining protection.

Once signed and funded, an irrevocable trust generally can't be changed or undone by you alone. That loss of control is exactly what makes it useful.

Flat-Fee Wills & Powers of Attorney
Texas & New Mexico
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Revocable vs. irrevocable.

Revocable trustIrrevocable trust
ControlYou control the propertyA trustee controls it under fixed terms
ChangesChange or revoke anytimeGenerally only with beneficiary consent or court approval
Your creditorsCan reach the propertyGenerally can't, if you're not a beneficiary
MedicaidCounts as your assetMay not count, after the five-year look-back
Estate taxIncluded in your estateCan be kept out of your estate when properly designed
Income taxReported on your returnReported by you or by the trust, depending on design

Why people use one.

Medicaid & long-term care

Protecting a home or savings while keeping Medicaid eligibility possible. Learn more →

Life insurance

Owning a policy so proceeds are controlled and outside your estate. Learn more →

Charitable giving

Lifetime income with the remainder to charity. Learn more →

Protecting beneficiaries

Spendthrift terms that guard against a beneficiary's creditors, divorce, or poor decisions.

Special needs

Providing for a loved one without disrupting SSI or Medicaid. Learn more →

Business & land

Keeping a family business, ranch, or property together across generations.

The limit on self-protection
A trust for yourself won't shield you from your own creditors.

Texas and New Mexico don't recognize self-settled asset protection trusts: if you create a trust and remain a beneficiary, your creditors can generally reach what you could receive. Irrevocable trusts protect best when the benefit goes to someone else, and transfers made to avoid existing creditors can be undone.

Can it ever change?

Sometimes. Both states allow an irrevocable trust to be modified or ended in limited circumstances — for example, with the beneficiaries' consent or with court approval when circumstances change. A trust protector clause can also build in flexibility from the start. Still, plan as if the terms are permanent.

Pricing.

Trusts are quoted after a consultation, because the right design 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.

Can I be the trustee of my own irrevocable trust?+
Sometimes, but it depends on the trust's purpose. For Medicaid or estate tax planning, someone else usually needs to serve. We'll advise based on your goals.
Will an irrevocable trust protect me from a lawsuit?+
Not if the trust is for your own benefit, and not from creditors you already have. It can protect assets you're passing to others.
Does an irrevocable trust file its own tax return?+
Many do. Depending on how it's designed, the income is reported by you or by the trust on its own return.
Can I change my mind later?+
Generally not on your own. Changes typically require beneficiary consent, a trust protector, or a court. That permanence is what gives the trust its protective value.

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 an irrevocable trust worth it for you?

Call or text. The first hour of an estate planning consultation is free, and we'll quote your trust before you commit. Help in English or Spanish.