Estate Planning Attorney in Spring, Texas

How can you help clients protect their assets through a well-crafted estate plan?

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00:04
first off i would
00:06
inform the client that there are
00:09
ways that texas has already protected
00:12
your assets
00:14
these assets include exempt assets and
00:16
exempt assets in texas
00:18
include the homestead a retirement plan
00:20
like a 401k
00:22
a 403 b an ira those assets are already
00:26
protected
00:27
from creditors in addition life
00:30
insurance and annuities are protected
00:32
from creditors
00:33
and so texas has already provided
00:36
a broad range of asset protection
00:40
benefits to its citizens beyond that
00:44
i would um discuss for a high net worth
00:47
client i would
00:48
or a client who has real estate that’s
00:51
not the homestead
00:52
we might talk a little bit about
00:54
creating a business entity such as an
00:56
llc
00:56
or a limited partnership to own those
00:58
assets
01:00
so that it can make it very difficult
01:02
for a creditor to
01:03
attach attach and
01:06
you know take those assets from from the
01:09
client
01:10
in addition when wealth passes from
01:14
one generation to the next it’s really
01:17
an opportunity to protect those assets
01:20
from creditors
01:21
when they pass to the second generation
01:24
and one of the most important ways that
01:26
that can happen
01:27
is through the use of irrevocable trusts
01:30
and we recommend irrevocable trusts
01:32
for assets passing to the next
01:34
generation routinely to our clients
01:37
because when assets pass to their
01:38
children and trust
01:40
then it’s like bubble wrapping the
01:42
inheritance and delivering that
01:44
inheritance to the child
01:45
the child can still be trustee of the
01:48
trust
01:49
they can still consume the assets of the
01:51
trust for their health education
01:53
maintenance and support
01:54
and they can still maintain testamentary
01:56
freedom
01:58
with respect to the trust so that when
02:00
they pass away they can
02:01
say who who receives the assets
02:04
remaining in their trust and so
02:06
there are a lot of um benefits to the
02:09
trust because the trust
02:10
is it enables those assets to be
02:12
protected from the child’s
02:14
creditors bankruptcy lawsuits and failed
02:16
marriages
02:17
and so just to summarize i would um
02:20
encourage clients
02:22
to invest in exempt assets to consider
02:25
the use of business entities in their
02:27
estate plan if they have
02:28
um real estate or that’s not their
02:31
homestead or other
02:32
invested assets and then number three i
02:35
would recommend
02:36
the client consider forming trusts
02:39
within their estate plan for the benefit
02:41
of their children
02:42
so that when their children inherit
02:44
wealth that wealth is protected

Spring, TX estate planning & probate attorney Christine Butts explains how she can help clients protect their assets through a well-crafted estate plan. She notes that she would first inform the client that Texas law already provides a significant level of asset protection. Exempt assets in the state include the homestead, retirement plans such as 401(k)s, 403(b)s, and IRAs, as well as life insurance and annuities. These assets are generally protected from creditors, offering a solid foundation for financial security.

For clients with high net worth or real estate that is not a homestead, she would discuss additional strategies, such as creating a business entity—like an LLC or a limited partnership—to hold those assets. This can make it considerably more difficult for creditors to access or seize them. She also emphasizes the opportunity to protect wealth as it passes from one generation to the next, often recommending irrevocable trusts. By placing assets in an irrevocable trust, the inheritance is effectively “bubble-wrapped,” allowing children to use the trust for health, education, maintenance, and support while keeping the assets shielded from creditors, bankruptcy, lawsuits, or marital disputes.

To summarize, she encourages clients to invest in exempt assets, consider the use of business entities for non-homestead or other invested assets, and incorporate trusts into their estate plans for the benefit of their children. These steps help ensure that wealth is both protected and responsibly transferred to the next generation.

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