What is Estate Planning?
Estate planning in Texas allows you to make vital decisions about management and distribution of your assets, and your health and personal care. Unless you make your wishes known, the state of Texas has laws in place that will make decisions for you. Planning in advance protects you and your family.
What should my estate plan include?
We craft your customized plan based on your needs and personal goals. Generally speaking, however, most basic estate plans should include the following documents.
- A Will enables you to distribute your assets to named individuals upon your death. Without a will, your assets will be distributed according to Texas law rather than to the beneficiaries of your choice.
- An advanced health care directive, also known as a living will, is a legal document that allows you to state in advance the end-of-life decisions you would want made on your behalf should you ever become unable to make these decisions yourself. The advanced health care directive allows you to appoint someone of your choosing, an agent, to make health care decisions for you when you can no longer make them for yourself. The authorized agent is allowed to access your medical information.
- A durable power of attorney allows you to name an agent who is authorized to act on your behalf with respect to financial decisions in the event you become incapacitated. The person would have authority to deal with third parties, such as banks, on your behalf.
- A medical power of attorney allows you to designate one or more persons to make medical decisions on your behalf in case of your incapacity.
- Designation of guardian in advance of need. See below for more information about this document.
What is a trust?
A trust is an entity in which an individual, the trustee, holds title to property for the benefit and use of another, the beneficiary. The person who makes the trust appoints the trustee in the document creating the trust. The trustee has certain duties to the beneficiary (or beneficiaries) to manage the property in the trust in accordance with the provisions of the trust and Texas law. A variety of different kinds of trusts meet different needs.
Does a Texas revocable trust avoid probate?
Yes, assets properly transferred into a Texas Revocable Living Trust bypass the probate process entirely upon your death. This allows your trustee to distribute your property to your beneficiaries privately and quickly, without court fees or public disclosure. Read more about revocable trusts in Texas here.
What happens if someone becomes incapacitated without a medical or durable power of attorney?
Depending on the circumstances and the needs of the individual, a guardianship may be necessary. An individual may pre-designate a guardian of the estate and a guardian of the person in the event of incapacity by completing a Designation of Guardian in Advance of Need.
What is an executor?
An executor is the person responsible for carrying out your wishes as specified in your Will. An executor’s responsibilities include collecting and protecting the assets in your estate, paying debts, and distributing assets in accordance with your Will. Under Texas law, an executor has the responsibility to manage and care for the estate property as a prudent person would care for his own property.
Who should I appoint as my executor?
You should appoint a person you trust and who is willing and able to serve. The executor should be someone who can handle your assets and the responsibility of administering your estate during what will be a difficult time. It is also important to name at least one alternate executor in case your executor is unwilling or unable to serve.
What is the estate tax?
The estate tax is a tax on the transfer of wealth following death. The estate tax affects individuals with a large estate. In 2026, assets valued at up to $15 million transfer estate tax-free. Estates worth more than $15 million are subject to a 40% tax. If you are married, it may be possible for both spouses to transfer up to $30 million estate tax free.
What is the difference between a Will and a living Will?
A living will is different from a Will. A living will, also known as a directive to physician, allows you to designate in advance medical treatment for end of life care, specifically regarding the use of life-sustaining treatment in the event of an irreversible or terminal condition.
What is a transfer on death deed in Texas?
A transfer on death deed is a deed that becomes effective upon death. If drafted correctly and recorded, the transfer on death deed passes real estate to a named individual or individuals upon death. It avoids probate of the real estate.
I prepared a Will in another state. Is it valid in Texas?
Individual state law governs the required formalities for drafting a Will. But there is often overlap in the formal requirements for a Will. Therefore, it is possible that a Will drafted in another state is also valid in Texas. If you are concerned about the validity of a Will drafted outside of Texas, consult with an estate planning attorney who is licensed to practice in Texas.
How often do I need to update my Will?
Major life changes such as death of a family member, divorce, birth of a child, or changes in assets may necessitate revising your Will. If you’ve experienced these or other major life changes and have questions about whether you need to update your Will, consult with an estate planning attorney.
For more information or if you have additional questions about Texas wills or estate planning, contact me