Homestead rights were historically vested only in individuals but the 2009 Texas legislature changed that. It provided that a person could convey title effective September 1, 2009 or later to a “qualifying trust” and not lose the homestead exemption provided under the Texas constitution.
This enables owners to put their homestead into an inter vivos (or living) trust for estate planning purposes and not risk oss of their homestead protection, which includes not only a tax break but also protection against claims of certain creditors.
Conveyance also will not affect your title insurance policy; the trust is considered an insured entity under your exiswting policy even though it may not be named in the policy.
This is not legal advice. Before you take action you should consult your own attorney and/or financial adviser.
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