Protecting Your Land and Legacy with a Land Trust

June 16, 2025
Bradley Campbell
As a landowner, planning for the future and ensuring that your property is preserved and passed down to future generations is essential. This article explores how estate planning can help landowners safeguard their legacy and ensure continuity for their family farm or ranch.
Attorney Bradley Campbell
Bradley Campbell
Bradley Campbell has over 35 years of experience. A trusted advisor and counselor, Attorney Campbell will help you find solutions for your case by focusing on personal attention, communication, and professionalism. If you need an attorney for probate, business law, or real estate with the experience and understanding to serve you with the individualized care and attention that your case deserves. Attorney Campbell provides consultations throughout the week at our convenient locations in Tyler, TX and Mineola, TX.

Owning land is more than holding property—it’s about preserving family history, protecting hard-earned assets, and planning for the future. Whether you own a family farm, ranch, or investment property, thoughtful estate planning ensures that your land passes on according to your wishes. One powerful tool that helps many families in East Texas do just that is a land trust.

If you’re a landowner in East Texas considering your options, here’s what you need to know about creating a land trust in Tyler, TX, and how Campbell Law Firm helps protect your property—and your legacy.

Estate Planning Challenges for Landowners

Estate planning for landowners isn’t just about writing a will. It involves many moving parts:

Asset Protection

While land trusts offer privacy, they don’t guarantee full protection from creditors. Pairing a land trust with an LLC or other strategies may provide stronger protection.

Tax Planning

Transferring land can lead to estate taxes or capital gains. At Campbell Law Firm, we help clients use tools like conservation easements and strategic gifting to minimize tax burdens.

Farm and Ranch Operations

If your land supports livestock, crops, or equipment, we help you plan for how these assets will be managed if you’re unable to do so, ensuring your family can continue operations without disruption.

What Is a Land Trust?

A land trust is a legal agreement where a trustee holds the title to real estate on behalf of a beneficiary. It’s a type of living trust, meaning it goes into effect while you are still alive, and it’s often revocable, so you can change or cancel it at any time.

Unlike other types of trusts, land trusts are specifically designed to manage real estate. These trusts can hold many types of property, including:

  • Farms and ranches
  • Residential or commercial buildings
  • Vacant land
  • Property notes and mortgages

When set up properly, a land trust can help you control how your land is used, who benefits from it, and how it’s passed down without going through probate court.

Why Landowners in Tyler, TX Should Consider a Land Trust

Many families in East Texas rely on their land for income, farming, or as a generational inheritance. Here are some ways a land trust in Tyler, TX can help:

1. Preserve Family Land for Future Generations

If you’ve spent your life building a family farm or managing a ranch, a land trust ensures your land is protected and passed on the way you intend. You can outline who will inherit the property, how it will be used, and even protect it from being sold outside the family.

2. Avoid Probate Court

Without a trust, your property will go through probate—a time-consuming and public legal process. A land trust allows your property to transfer directly to your chosen beneficiaries, saving time, money, and stress for your loved ones.

3. Protect Your Privacy

In Texas, property ownership is public information. A land trust keeps your name out of public records, since the trustee holds the title. This can protect your family’s privacy and reduce unwanted attention.

4. Plan for Incapacity

If you become unable to manage your affairs due to illness or injury, your trustee can step in and follow the instructions in the trust to manage your land without needing court intervention.

Types of Land Trusts

Depending on your goals, you may choose one of the following types of land trusts:

Illinois Land Trust (Title-Holding Trust)

Offers privacy and simplifies property transfers. Commonly used by investors and families wanting to keep land out of probate and public view.

Conservation Land Trust

Used to protect farmland or ranchland from development. You retain use of the land (like farming), but development rights are limited to preserve the land’s natural state. This may also come with valuable tax benefits.

Community Land Trust

Usually operated by nonprofit groups to ensure long-term housing affordability. Less common for individual estate planning but worth mentioning for families involved in community development.

How Do You Set Up a Land Trust in Tyler, TX?

Setting up a land trust involves several key steps:

  1. Choose a Trustee – This person (or entity) holds the title and carries out the trust instructions.
  2. Identify the Property – Decide which parcels of land you want to place in the trust.
  3. Name Beneficiaries – Choose who will benefit from the land now and in the future.
  4. Create the Trust Document – Our legal team will draft this to reflect your wishes, comply with Texas law, and protect your interests.
  5. Transfer the Title – You’ll need to deed the property into the trust to activate its protections.

We often recommend landowners consider using multiple land trusts if they own different types of land (e.g., a family farm vs. an investment rental property), depending on usage and tax strategies.

Why Work with Campbell Law Firm?

At Campbell Law Firm, we’ve helped East Texas families protect their land and legacy for over 35 years. We understand the unique challenges landowners face—from inheritance questions to tax planning and everything in between.

We take a personal approach, sitting down with you to learn about your land, your family, and your goals. Then we craft a strategy that gives you peace of mind and secures your family’s future.

Work with a Land Trust Attorney in Tyler

If you own land in East Texas, don’t leave its future to chance. Let us help you explore whether a land trust in Tyler, TX is the right fit for your estate plan. Book your consultation today and start protecting your land and your legacy.

References: Central Trust Company (Aug. 25, 2022) “Estate Planning For Landowners,” and SmartAsset (Feb. 7, 2025) “What Is a Land Trust, and Who Needs One?

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