Law Firm of Rick Villarreal — Texas estate planning since 1996
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Texas Estate Planning for Married Couples
How a Living A/B Trust Works
While you are both alive, you control everything. When the first spouse passes, your trust splits in two — one trust to care for the survivor, one locked in for your children.
Trust A
The Family Trust
Becomes irrevocable
- ▸Holds the share of the spouse who passed away
- ▸Pays the surviving spouse for health, education, maintenance & support (HEMS)
- ▸Preserves the principal for your children
- ▸Beneficiaries are locked — they cannot be changed later
Because Trust A is irrevocable, what the two of you decided together is settled. The surviving spouse is provided for, but the children’s inheritance is protected.
Trust B
The Survivor’s Trust
Stays revocable
- ▸Holds the surviving spouse’s own share
- ▸The survivor keeps full control of these assets
- ▸Can be amended as life changes
- ▸Passes to the chosen beneficiaries at the second passing
Trust B is the surviving spouse’s to manage — spend, invest, or update — with the same flexibility you have today.
What “HEMS” covers
The surviving spouse can draw on the Family Trust for these everyday and long-term needs:
Health
Medical care, insurance, and long-term needs
Education
Tuition and continued learning
Maintenance
Home, bills, and day-to-day living
Support
The standard of living you’re used to
Why couples choose an A/B trust
Your spouse is cared for
HEMS support from the Family Trust, plus full control of their own Survivor’s Trust.
Your children are protected
Trust A locks in at the first death — no one can redirect what you set aside for your kids.
Avoids probate
Assets held in the trust pass to your family without court delay.
No one can rewrite your wishes
Once the first spouse passes, the Family Trust becomes irrevocable. The surviving spouse is well provided for — but cannot be pressured by a new relationship, a later marriage, or anyone else to cut your children out. What the two of you decided together stays decided.
This is general educational information about Texas estate planning, not legal advice. Whether an A/B trust is the right fit depends on your family, your assets, and your goals — a short call is the best way to find out.