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

Testamentary trusts: protecting a child's inheritance.

A trust written into your will. It doesn't exist until after your death — then it holds and manages what you leave to children or anyone who shouldn't receive it all at once.

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

How it works.

Your will names a trustee and sets the rules: who the trust is for, what the money can be used for, and when beneficiaries receive it outright. After your death, the will goes through probate and the property passes to the trustee, who manages it under your instructions.

Why parents use one.

  • Without one, a minor's inheritance can require a court-supervised guardianship of the estate (Texas) or conservatorship (New Mexico), and the child generally receives everything outright at 18.
  • You choose the age — 21, 25, 30, or in stages.
  • You choose the trustee, who can be someone other than the guardian raising your children.
  • The trustee can pay along the way for health, education, and support.

Guardian vs. trustee

Many parents name one person to raise the children and another to manage the money. That separation adds a check and lets each person do what they're best at.

Staged distributions

For example, a third at 25, half the balance at 30, and the rest at 35 — so one mistake at a young age doesn't consume the whole inheritance.

Spendthrift protection

Both states recognize spendthrift provisions, which generally keep a beneficiary's creditors from reaching the trust before money is paid out (Tex. Prop. Code § 112.035; NMSA § 46A-5-502).

Life insurance

Naming the testamentary trust as beneficiary of your life insurance puts the policy proceeds under the same rules, instead of paying a minor directly.

Testamentary vs. living trust.

Testamentary trustRevocable living trust
CreatedIn your will; begins after your deathNow; begins when you sign and fund it
ProbateProperty goes through probate firstFunded property avoids probate
Cost nowLower — it's part of your willHigher — a separate trust plus funding
IncapacityDoesn't help during your lifeYour successor trustee can manage if you're incapacitated

For many young families, a will with a testamentary trust, paired with life insurance payable to that trust, is the most cost-effective way to protect children.

Pricing.

A simple will is a flat $600 per person. A will that creates a testamentary trust is quoted after your consultation, because the trust terms vary. Related documents 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.

At what age should my children inherit?+
There's no right answer. Many parents choose 25 or 30, or stages, so a child has time to finish school and mature. The trustee can still pay for needs before then.
Can the guardian also be the trustee?+
Yes. Some parents prefer one trusted person for both roles; others separate them as a check. We'll talk through the trade-offs.
What happens if I name my children directly on my life insurance?+
Insurers generally won't pay a large sum directly to a minor, so a court may have to appoint someone to receive and manage it. Naming the trust avoids that.
Does a testamentary trust avoid probate?+
No. It's created by your will, so the property passes through probate first. If avoiding probate matters, a revocable living trust may be the better fit.

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.

Protect your children's inheritance.

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.