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Trust Lawyers in Austin, Texas

A trust is a legal arrangement where one person (the trustee) holds and manages assets for the benefit of another (the beneficiary). Trusts can help avoid probate, reduce estate taxes, protect assets from creditors, and provide for family members with special needs. An attorney can advise on which type of trust is right for your situation and draft it to achieve your goals.

Trust Law in Texas

Texas has its own distinct legal landscape that affects personal injury cases. The state follows a modified comparative fault rule — you can recover damages as long as you are not more than 50% responsible for the incident. Texas also has specific caps on certain types of damages in medical malpractice cases, and a two-year statute of limitations for most personal injury claims.

Key Texas Statutes

  • Two-year statute of limitations for personal injury (Texas Civil Practice and Remedies Code, Chapter 16)
  • Modified comparative fault — recovery barred if you are 51% or more at fault (Chapter 33)
  • Medical malpractice non-economic damage caps of $250,000 per provider, $500,000 for hospitals (Chapter 74)
  • Texas is a "fault" state for car accidents — you can file against the at-fault driver
  • Employers may opt out of workers' compensation — Texas is the only state that allows this

Common Trust Situations in Austin

  • Revocable living trusts
  • Irrevocable trusts for asset protection
  • Special needs trusts for disabled beneficiaries
  • Charitable trusts
  • Trust amendments and modifications
  • Trust disputes and litigation

Frequently Asked Questions

What is the difference between a will and a trust?

A will takes effect after death and must go through probate. A trust can take effect during your lifetime, avoids probate for assets it holds, and can provide for management of your assets if you become incapacitated. Many people use both as part of a comprehensive estate plan.

Does a trust avoid probate?

Assets held in a trust generally do not go through probate, which can save time and money for your beneficiaries. However, any assets not transferred into the trust before death will still go through probate. Proper funding of the trust is essential.

This page is for informational purposes only and does not constitute legal advice. No two situations are the same — consult a qualified attorney for guidance on yours.

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