Frequently Asked Questions

The best time to create an estate plan is now — regardless of your age or wealth. If you own any assets, have children, or care about who receives your property, you need at least a basic estate plan. Major life events like marriage, having children, buying a home, or receiving an inheritance are especially important triggers for creating or updating an estate plan.

We recommend reviewing your estate plan every 3-5 years and after any major life change — marriage, divorce, birth of children or grandchildren, death of a beneficiary or executor, significant change in assets, or a move to a new state. Texas law changes and federal tax law changes can also affect your plan's effectiveness.

Texas law recognizes holographic (handwritten) wills, but they carry significant risks — unclear language, missing provisions, and greater susceptibility to contest. Online will services provide generic documents that may not reflect Texas law nuances or your specific situation. The cost of a properly drafted will is far less than the cost of fixing a defective one after your death.

A durable power of attorney (DPOA) designates someone to make financial decisions on your behalf if you become incapacitated. Without one, your family may need a court-ordered guardianship to manage your affairs — an expensive and time-consuming process. A DPOA is a critical component of any complete estate plan.

If a Texas resident dies without a will (intestate), their assets are distributed according to Texas intestacy laws, which follow a fixed formula based on family relationships. This formula may not reflect your actual wishes — for example, a surviving spouse may not inherit everything if there are children from a prior relationship. An intestate estate also requires heirship proceedings, which are more complex than regular probate.

No. Assets with named beneficiaries (life insurance, IRAs, 401(k)s, payable-on-death accounts) pass directly to beneficiaries without probate. Assets held in a living trust also avoid probate. Joint tenancy with right of survivorship property passes automatically to the surviving owner. Proper planning can significantly reduce or eliminate the assets subject to probate.

An independent executor is authorized to administer a Texas estate with minimal court supervision after the initial probate hearing. This is the most common and efficient form of Texas probate administration. The executor can sell property, pay debts, and distribute assets without seeking court approval for each action, making the process faster and less expensive.

Yes, wills can be contested in Texas on grounds including lack of testamentary capacity, undue influence, fraud, or improper execution. Will contests must be filed within two years of the will being admitted to probate. They are complex, expensive, and emotionally difficult — but sometimes necessary to protect a beneficiary's rightful inheritance.

A revocable living trust does not reduce estate taxes on its own — assets in the trust are still included in your taxable estate. However, certain irrevocable trusts can remove assets from your estate for tax purposes. Trust planning combined with strategic gifting and other techniques can significantly reduce estate tax exposure for larger estates.

An executor (or personal representative) is appointed by a will to administer a probate estate. A trustee manages trust assets according to the trust document. These roles may be held by the same person or different people. Both roles carry fiduciary duties — legal obligations to act in the best interests of beneficiaries.