Dalas, TX asked in Estate Planning for Texas

Q: Last Will & Testament vs Trust?

my hubby & I married into a blended fam; We created a will together plus wrote specific instructions bout dividing, distributing assets, and property and had signed in front of a notary.

Is that enough or should we have done a Trust?

Is a Trust better than a Will?

Does it matter in State of Texas?

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1 Lawyer Answer
Isaac Shutt
Isaac Shutt
  • Estate Planning Lawyer
  • Richardson, TX
  • Licensed in Texas

A: It definitely matters. With blended families, I recommend a trust. Here's the reason why:

Let's say you have a will that gives everything to the surviving spouse upon your death. The issue is that the surviving spouse can change his will to give assets only to his kids at his death. In other words, with wills, you have no way of guaranteeing that your kids will actually inherit anything. With a trust, we can word it so that your kids will inherit (regardless of which spouse dies first).

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