Estate Planning for Real Estate Investors

Estate Planning for Real Estate Investors and Rental Owners

An LLC protects you from your tenants. A trust protects your family from probate. Most investors have one and not the other. We set up the right combination of trusts and LLCs so your properties are protected while you own them and pass smoothly when you don’t, for a flat fee you know up front.

Reviewed by Turner Henington, attorney, Texas Bar No. 24148206 · Updated October 2026

Estate planning for real estate investors, in short: Texas investors usually hold rental properties in one or more LLCs (or a Series LLC under Business Organizations Code § 101.601) for liability protection, and have their revocable living trust own the LLC interests so the properties pass without probate. Your homestead can go directly into the trust and keep its exemption (Tax Code § 11.13(j)). Without a trust, each property or LLC interest in your name may need probate in Texas, plus a separate ancillary probate in every other state where you own real estate.

Real estate investors usually think about liability first, and they should. But the most common problem we see isn’t a tenant lawsuit. It’s a portfolio of properties in the investor’s own name, or in LLCs nobody else can manage, with no plan for who takes over. Henington Lewis Law Firm PLLC helps investors in Austin and Travis, Williamson and Hays Counties structure their holdings so they are protected during life and transfer without court at death.

Trust or LLC? You Usually Need Both

Revocable living trust LLC
Avoids probate Yes, for assets it owns. Only if the LLC interest itself is owned by a trust (or has another non-probate transfer).
Protects you from tenant and property lawsuits No. A revocable trust gives no liability protection. Yes, if properly formed, funded and run as a separate business.
Lets someone manage if you’re incapacitated Yes, your successor trustee. Only if the company agreement names a successor manager.
Privacy Not filed with any court or public office. The certificate of formation, a public filing, lists the LLC’s managers or managing members.
Best use Your homestead, accounts and the ownership of your LLCs. Rental and investment properties.

The common structure: rentals sit in LLCs, and your living trust owns the LLCs. Your home goes into the trust directly. You keep liability protection, and nothing needs probate.

Ways to Hold Rental Property in Texas

Structure How it works Watch out for
In your personal name Simple, but the property goes through probate and you have personal liability. Probate in every state where you own property.
Transfer-on-death or lady bird deed Passes the property at death without probate. No liability protection, no plan for incapacity, and less flexible than a trust.
Revocable trust, owning property directly Avoids probate and covers incapacity. No liability protection for rentals.
One LLC per property, owned by your trust Strongest separation of liability between properties. More filings, bank accounts and franchise tax reports.
Series LLC, owned by your trust (Bus. Orgs. Code § 101.601) One LLC with separate series, each holding a property, with internal liability shields. Must keep separate records and accounts for each series; some lenders and other states treat series less predictably.
One LLC holding several properties Simpler and cheaper. A claim on one property can reach all of them.

Things That Trip Investors Up

  • Mortgages and due-on-sale clauses. Federal law generally keeps a lender from calling a loan when you move your own home into your revocable trust. Moving a mortgaged rental into an LLC isn’t covered by that protection, so talk with your lender or plan the transfer carefully.
  • Title insurance and property insurance. Update the named insured when you move a property into a trust or LLC, and ask your title company about continuing coverage.
  • Out-of-state property. A property in another state, held in your own name, can require a separate ancillary probate there. Holding it in your trust or an LLC owned by your trust avoids that.
  • Running the LLC like a business. Separate bank accounts, written leases in the LLC’s name and no commingling. Courts can disregard an LLC that is treated as a personal account.
  • Who takes over. Your successor trustee or manager needs the leases, property manager contacts, bank access and loan documents. Put them in writing.

Tax Points for Real Estate at Death

  • Step-up in basis: Property owned at death generally gets a new cost basis equal to its value at death. That can wipe out the built-in capital gain, including gain deferred through past 1031 exchanges, for your heirs. For community property, both halves are generally stepped up when the first spouse dies.
  • Selling vs. holding: Selling a highly appreciated property late in life can trigger tax your heirs would have avoided. Ask about holding, exchanging or gifting strategies before you sell.
  • Estate tax: The federal exemption is $15 million per person in 2026, and Texas has no estate tax. Investors with larger portfolios can transfer interests in family LLCs during life, sometimes at a valuation discount, to move future appreciation out of their estates.
  • Homestead exemption: Your home keeps its residence homestead exemption in a qualifying trust (Tax Code § 11.13(j)).

Leaving Properties to Your Children

Several children inheriting several properties together is a recipe for disagreement. Your trust can say whether properties are sold or kept, who manages them, whether a child can buy out the others, and how rents are split. You can also leave LLC interests to children in Heritage Trusts so the properties are protected from their divorces and creditors.

Come to a Free Estate Planning Seminar

Every month we host free seminars around Austin, often over dinner. An attorney explains wills, trusts and probate in plain English and answers your questions in a small group. Bring your spouse.

See upcoming dates and reserve a seat

Who Will Prepare Your Plan

Turner Henington and Samantha Lewis founded Henington Lewis Law Firm, and one of them works on every plan we write. Turner is a former KPMG tax accountant and a graduate of The University of Texas School of Law. Samantha has nearly a decade of experience in Texas and federal courts and handles estate disputes, so she drafts with an eye to how plans get challenged. Our office is at 1101 S. Capital of Texas Hwy, Bldg G, Suite 150-C, near West Lake Hills, and we also meet by phone and Zoom.

What Our Clients Say

Estate Planning for Real Estate Investors FAQ

Should I put my rental property in a trust or an LLC?

Usually both. The LLC provides liability protection from tenant and property claims, and your revocable living trust owns the LLC interests so the properties pass without probate. A revocable trust alone gives no liability protection.

What is a Series LLC in Texas?

A Series LLC, allowed by Texas Business Organizations Code § 101.601, is one LLC divided into separate series that can each hold different property with separate liabilities. It can be cheaper than many LLCs, but each series must keep separate records and accounts.

Will transferring my rental to an LLC trigger my mortgage’s due-on-sale clause?

It can. Federal law generally protects transfers of your own home into your revocable trust, but not transfers of rental property into an LLC. Talk with your lender or plan the transfer carefully.

Do I need probate for rental property owned in my name?

Usually, yes. Property in your own name passes through probate in Texas, and property in another state may need a separate ancillary probate there. Holding it in a trust, or in an LLC owned by your trust, avoids that.

Can my homestead go in my trust and keep the exemption?

Yes. Texas Tax Code § 11.13(j) allows a residence homestead owned through a qualifying trust to keep the exemption. We draft our trusts to qualify and prepare the deed.

What happens to my LLC rentals if I become incapacitated?

If your trust owns the LLC and the company agreement names a successor manager, your successor can collect rents, pay bills and handle tenants. Without that, your family may need a court guardianship.

Do my heirs pay capital gains tax on inherited rental property?

Generally they receive a stepped-up cost basis equal to the value at your death, so they owe little or no capital gains tax if they sell soon after, even on gain deferred through earlier 1031 exchanges.

Is a lady bird deed enough for rental property?

It avoids probate for that property but provides no liability protection and no plan for incapacity. For investors with several properties, a trust plus LLCs is usually better.

How much does an estate plan for a real estate investor cost?

Every plan is a flat fee, quoted in writing after a free consultation. LLC formation, company agreements and deeds can be included in the quote.

Sources and Texas Law Cited

The legal and tax statements on this page are based on the primary sources below. Laws and figures change, and this page was last reviewed in October 2026. This page is general information, not legal advice for your situation.

Keep Reading

Whether you need a personalized estate plan or help handling a civil dispute, we're here to help

Take the first step toward protecting your legacy and giving your family lasting peace of mind. Whether you need a personalized estate plan or help handling a civil dispute, we're here to help.

Contact Us

Send us a message and we'll reach out to schedule a consultation.