Site Header – The Longhorn Law Firm
Available 24/7
★ Work with Attorneys Licensed in TX & NM
★ No Fee Unless We Win
EN ES
Revocable Living Trusts in Texas & New Mexico | How They Work | The Longhorn Law Firm
Estate Planning · Trusts · Revocable Living Trust

The revocable living trust.

The most common trust in estate planning. You keep full control during your life, and your family skips probate after it.

Flat-Fee Wills & Powers of Attorney
Texas & New Mexico
Bilingual Staff · Hablamos Español
First Consultation Hour Free

How it works.

You create the trust, transfer your property into it, and usually serve as your own trustee. Day to day, nothing changes: you buy, sell, and spend as before, and you can amend or revoke the trust at any time. If you become incapacitated, or when you die, the successor trustee you named steps in and manages or distributes the property under your instructions — without a court proceeding.

Good to know
Both states presume a trust is revocable.

Under the Texas Trust Code and the New Mexico Uniform Trust Code, a trust can be revoked unless its terms expressly make it irrevocable. A well-drafted living trust says clearly which it is.

The three roles.

Grantor

Creates and funds the trust — you. Also called the settlor or trustor.

Trustee

Manages the trust property. Usually you while you're able, then the successor trustee you choose.

Beneficiaries

Receive the benefit. Usually you during your life, then your spouse, children, or others.

What it does well.

  • Avoids probate for everything titled in the trust.
  • Plans for incapacity: your successor trustee manages trust property without a court-ordered guardianship.
  • Keeps things private: a trust generally isn't filed with a court the way a probated will is.
  • Covers more than one state — a Texas home and New Mexico land can pass without a separate probate in each.
  • Controls timing for children, blended families, or anyone who shouldn't receive everything at once.
  • Keeps bills paid after a death, without waiting for a court to appoint an executor.

Funding: the step that makes it work.

A trust controls only what's titled in its name. Funding usually means:

  • Deeding real estate to the trust and recording the deed
  • Retitling bank and brokerage accounts in the trust's name
  • Naming the trust as beneficiary of life insurance and some accounts — retirement accounts need special handling because of income tax rules
  • Assigning personal property such as furniture, vehicles, and valuables

A pour-over will catches anything left out and sends it to the trust, but those assets may still need probate first. We help you fund the trust, not just sign it.

What it doesn't do.

  • Reduce income tax. While you're alive, the trust's income is reported on your own return.
  • Protect assets from your own creditors. Because you can revoke it, your creditors can generally reach it.
  • Help you qualify for Medicaid. Assets in a revocable trust still count as yours. See Medicaid asset protection trusts.
  • Save estate tax. It's included in your estate — though with a $15 million federal exemption per person in 2026 and no Texas or New Mexico estate tax, most families owe none anyway.

Texas & New Mexico notes.

TexasNew Mexico
Governing lawTexas Trust Code (Tex. Prop. Code, Title 9)New Mexico Uniform Trust Code (NMSA 1978, Chapter 46A)
Default ruleRevocable unless the trust expressly says it's irrevocableRevocable unless the trust expressly says it's irrevocable
Is probate the main reason?Texas probate is often fairly streamlined, so a trust is usually a choice, not a necessityA trust avoids probate here and in any other state where you own real estate
Married couplesCommunity property state — the trust should track community and separate propertyCommunity property state — the trust should track community and separate property

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.

Is a living trust better than a will?+
Not always. A trust avoids probate and plans for incapacity, but it costs more and must be funded. Many Texas families do well with a will; a trust makes more sense with property in several states, a blended family, or strong privacy concerns.
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 to take over if you die or become incapacitated.
What if I forget to put something in the trust?+
Your pour-over will sends it to the trust, but that asset may need probate first. That's why funding the trust carefully matters.
Do I still need a will if I have a trust?+
Yes. A pour-over will catches assets left outside the trust, and your will is still where you name a guardian for minor children.
Does a living trust protect my home from Medicaid?+
No. Because you control a revocable trust, Medicaid counts its assets. Medicaid planning uses different tools, such as certain irrevocable trusts set up well in advance.

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 living trust right 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.