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Texas Testamentary Trust Administration Attorney

Plan ahead to protect your loved ones

You’ve done your best to plan for the distribution of your estate after your passing. You have a will, selected a guardian for your dependents, and named an executor. But you know what they say about the best-laid plans. 

Due to your own reasons, you don’t want a trust now, but you may want one for your family later.

Working with an attorney who understands the implementation of testamentary trusts as part of probating an estate can help you plan for the things you can’t plan for.

Tax laws, changes in asset valuations, new health issues for your beneficiaries—there are hundreds of ways the future can differ from what you planned for in your will. A post-mortem trust can give your executor and family members the freedom to ensure your intent is carried out even if the circumstances have changed.

 If you have any questions about estate planning in Texas, let our experienced professionals talk you through it.

What is a Testamentary or Post-Mortem Trust?

A post-mortem trust, also called a testamentary trust, is a trust that holds the assets of your estate after your death. Assets that can go in a post-mortem trust include cash, investments, real estate, collectibles, business properties, or equipment—but it can include more. If it’s something you want to pass on, it can likely be included.

Unlike living trusts, which are used to avoid probate, post-mortem trusts in Texas require court supervision to enact limited changes once they go through probate court proceedings.

A post-mortem trust, also called a testamentary trust, is a trust that holds the assets of your estate after your death. Assets that can go in a post-mortem trust include cash, investments, real estate, collectibles, business properties, or equipment—but it can include more. If it’s something you want to pass on, it can likely be included.

Unlike living trusts, which are used to avoid probate, post-mortem trusts in Texas require court supervision to enact limited changes once they go through probate court proceedings.

Post-mortem trusts support your estate planning goals by allowing as much flexibility as possible during a difficult time.

This flexibility can help your successor trustee (the person responsible for administering the trust):

  • Manage remaining income tax returns
  • Minimize federal estate tax liability
  • Depending on the location of trust assets, arrange payment for state and federal capital gains taxes

Post-mortem trusts can be a valuable strategy for protecting your estate and your loved ones.

What are the advantages of using a post-mortem trust?

Post-mortem trusts are a good option for parents who want to ensure that family members who are minors or who have disabilities are provided for long term. These trusts can be set up, so beneficiaries only receive access to funds or assets after reaching specified milestones (age 18 or 21, graduation from higher education, marriage, etc.).

If your beneficiary relies on Medicaid, disability, or Social Security benefits, the trust can be structured in a way that provides for them while still protecting their ability to access these federal programs.

It’s also more affordable to set up a post-mortem trust than a living trust, and it’s not too difficult to change the trust’s framework while you’re alive.

Your estate planning needs are as unique as you are. Let’s talk about how we can manage them together.

Why is Post-Mortem Trust Administration Important?

Let’s quickly go over a few definitions.

Grantor: The individual who creates a trust, i.e., you (in your will).

Beneficiary: The individual or individuals you choose to receive the profits from the distribution of your assets.

Trustee: The individual you name as the legal representative for the trust that holds your assets.

Trust Administrator: Usually a lawyer who advises and assists your trustee to ensure debts are settled, taxes are paid, property titles are amended or transferred, appraisals are obtained, and assets are distributed in the best interests of your beneficiaries.

Post-mortem trust administration is important because trustees are usually not experienced estate administration lawyers. Naming a trust administrator ensures your trustee has skilled assistance navigating not just the complexities of probate court, but also what may be potentially years of tax concerns and complex distribution arrangements.

Avoiding unnecessary tax burdens, managing assets through fluctuating economic conditions, and overseeing distribution to your beneficiaries requires a deft hand from a partner who understands estate law, financial planning, and your goals for your estate.

The team at Shann M. Chaudhry, Esq., PLLC, are the empathetic, knowledgeable allies you need to design a well-thought-out estate plan.

Post-mortem trust administration is important because trustees are usually not experienced estate administration lawyers. Naming a trust administrator ensures your trustee has skilled assistance navigating not just the complexities of probate court, but also what may be potentially years of tax concerns and complex distribution arrangements.

Avoiding unnecessary tax burdens, managing assets through fluctuating economic conditions, and overseeing distribution to your beneficiaries requires a deft hand from a partner who understands estate law, financial planning, and your goals for your estate.

The team at Shann M. Chaudhry, Esq., PLLC, are the empathetic, knowledgeable allies you need to design a well-thought-out estate plan.

How an Estate Administration Attorney Can Help With Post-Mortem Trusts

A qualified estate administration attorney can help you with a wide range of post-mortem trust issues.

You may not need a lawyer to form a basic trust, but having legal support on your side during its drafting and execution increases the likelihood you and your loved ones will get the results you want and deserve.

A clear eye. Reassurance. The elimination of obstacles. That’s how an estate administration attorney can help you.

If you have a large or complex estate, a basic trust likely won’t suffice. In these cases, a seasoned estate attorney can provide invaluable support by delivering the straightforward truths and dispassionate realities you only get from an impartial third party.

If you already have a trust and need to change it, you need competent legal representation to guide you through the process. An estate administration attorney can point out potential pitfalls, smooth your path through the courts, and provide reassurance that you’ve created the right plan for your situation.

And when it comes time to activate the trust, having a lawyer who knows the plan, understands your wishes, and knows probate law inside out ensures that your beneficiaries won’t have to wait for months for your estate to make it through probate.

If you already have a trust and need to change it, you need competent legal representation to guide you through the process. An estate administration attorney can point out potential pitfalls, smooth your path through the courts, and provide reassurance that you’ve created the right plan for your situation.

And when it comes time to activate the trust, having a lawyer who knows the plan, understands your wishes, and knows probate law inside out ensures that your beneficiaries won’t have to wait for months for your estate to make it through probate.

A Special Note for Spouses and Beneficiaries

The death of a loved one is a life-changing event. In these circumstances, you don’t need the added stress of navigating an outdated, inadequate, or overly complex will or estate plan.

Our firm has extensive experience helping surviving family members efficiently settle estate issues to their maximum benefit. If you’re feeling overwhelmed or confused, we would be honored to prove that you can trust us to advocate for and support you.

Ready to Get Started? Contact One of Our Texas Estate Administration Attorneys

Having a will is a good thing. But when traditional estate practices like a will are combined with more advanced post-mortem planning practices, you’ll have provided your trustee and your beneficiaries with the flexibility and discretionary power they need to successfully take care of each other after you’re gone.

If you’re ready to plan for the unpredictable future, schedule a consultation with our team today.