Wills and Trusts
A properly drafted will and a well-structured trust are the foundation of any solid estate plan. David Borger has helped Texas families put these documents in place for over 25 years.
Planning Ahead Can Protect the People You Love
Most people put off writing a will because it forces them to think about things they would rather not face. But a will is not just about death. It is about making sure the people you care about are protected, that your property goes where you intend, and that your family is not left sorting through a legal mess during an already painful time.
At The Borger Law Firm PLLC, David Borger works directly with you to draft the documents that match your situation. From a straightforward will to a trust for a more complex estate, David Borger prepares the documents that fit your family’s needs. Whatever your estate requires, he will walk you through your options and get it done right.
The Basics
What Does a Will Actually Do?
A Last Will and Testament does more than say who gets what. In Texas, a properly drafted will serves two critical legal functions: it creates an Independent Administration and it nominates an executor to serve without bond.
The Independent Administration is the preferred method of estate administration in Texas because it is by far the least complicated and least expensive. Without it, the estate falls into a court-controlled dependent administration, which requires court approval for nearly every transaction and drags out the process considerably. David Borger drafts every will to avoid dependent administration by default.
A will also allows you to:
- Appoint a guardian for minor children
- Appoint someone to manage a minor child’s estate
- Name your beneficiaries and what each one receives
- Name an executor to oversee the estate
If you pass away without a will in Texas, the court will distribute your property according to the state’s descent and distribution laws. That means the state decides, not you.
The Case for a Trust
When a Trust Makes Sense
A trust can do much more than transfer property. It can help your family avoid probate, protect assets, and make it easier to manage your affairs if you become unable to do so. David Borger explains when a trust makes sense and prepares the right documents for your situation.
There are two main types David Borger works with:
Testamentary Trusts
A testamentary trust is created through your will and takes effect only after your death. It does not avoid probate, but it is useful for controlling how and when beneficiaries receive their inheritance, particularly for minor children or beneficiaries who may not be ready to manage a large sum of money on their own.
Revocable Living Trusts
A revocable living trust takes effect the moment it is signed. You remain in control of your assets during your lifetime and can change or cancel the trust at any time. When used as part of a broader estate plan, a revocable living trust can ensure that your will never has to go through probate at all. This saves your family time, money, and the stress of court involvement during an already difficult period.
David Borger can help you determine which type of trust, if any, belongs in your estate plan.
Your Options
Wills and Trusts for Every Situation
Texas families come to David Borger with very different circumstances. Some need a straightforward will. Others need a trust structure built to last for generations. Here is a look at what The Borger Law Firm PLLC drafts regularly.
Simple Wills
A Last Will and Testament that names your beneficiaries, appoints an executor, and provides clear instructions for distributing your estate.
Revocable Living Trusts
A trust you control during your lifetime that helps transfer assets to your beneficiaries while reducing the need for probate.
Irrevocable Trusts
An irrevocable trust transfers assets into a trust that generally cannot be changed later. It may help protect assets and provide tax or long term planning benefits in the right circumstances.
Every Estate Is Different. Your Plan Should Reflect That.
There is no single document that works for every family. David Borger reviews your full picture, explains your options honestly, and drafts the documents that fit your actual situation, not a template off a shelf.
Going Further
A Will Is the Starting Point. A Trust Can Do More.
Many Texas families think a will is enough. In some cases it is. But a will still has to go through probate, which means court filings, waiting periods, and legal costs before your family sees anything.
A revocable living trust, used alongside a properly drafted will and other non-probate tools, can keep your estate out of probate entirely. That means faster transfers, lower costs, and no public court record of what you owned or who received it.
David Borger builds revocable trust plans that coordinate every piece of the estate to make sure nothing accidentally ends up in probate. If you have property, financial accounts, or dependents who will need support after you are gone, a trust plan is worth a serious conversation.
Experience
David Borger
Texas Estate Planning Attorney
For more than 25 years, David Borger has helped families across Texas with probate, estate administration, and other estate planning matters. He provides straightforward legal advice, clear communication, and personal attention from the beginning of your case through its resolution.
- State Bar of Texas
- Member, Texas Bar College
- Member, Harris County Bar Association
- Member, Montgomery County Bar Association
- Member, Travis County Bar Association
- Member, Dallas and Tarrant County Bar Associations
- Former Board Member, Montgomery County Bar Association
Frequently Asked Questions
Wills and trusts raise a lot of questions, especially for families doing this for the first time. Here are honest answers to the ones David Borger hears most often.
Does everyone in Texas need a will?
Yes. Every adult in Texas should have a Last Will and Testament, regardless of how much or how little they own. The reason goes beyond property distribution. A will creates an independent administration and names an executor. Without it, the court controls the process and your family pays for it.
What happens if I die without a will in Texas?
Texas law takes over. The state follows a fixed set of descent and distribution rules that determine who gets what. Those rules do not care about your wishes, your relationships, or your circumstances. They apply the same formula to every estate without a will.
What is the difference between a will and a trust?
A will goes through probate. A trust does not. A will takes effect at death. A revocable living trust takes effect the day you sign it and can be changed at any time. Both serve important roles, and many well-built estate plans include both. David Borger will explain which combination makes sense for your situation.
Can a trust replace a will entirely?
Not completely. Even with a trust, most Texas estate planners recommend also having what is called a pour-over will. This catches any assets that were not transferred into the trust during your lifetime and directs them into it after death. The two documents work together.
How long does it take to draft a will or trust?
You should choose someone responsible, trustworthy, and capable of handling financial and legal responsibilities.
Speak With a Texas Estate Planning Attorney Today
If you need a will, trust, or complete estate plan, speak with David Borger before making decisions that could affect your family for years to come.
