INSIGHTS
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Practical articles on estate planning, elder law, and Texas probate, written for Houston families making long-term decisions.
Family Planning
How does a multi-generational trust work in Texas?
A multi-generational trust, sometimes called a dynasty trust, is an irrevocable trust designed to hold assets across two or more generations without those assets passing through probate or becoming part of a beneficiary's taxable estate. Texas law permits these trusts to continue indefinitely, which is not allowed in every state.
Jul 28, 2026
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What is generational wealth planning and who needs it?
Generational wealth planning is the structured process of arranging your assets so they transfer to children, grandchildren, and future generations efficiently and on your terms. In Texas, it typically combines irrevocable trusts, strategic gifting, life insurance structures, and business succession planning. The goal is to reduce transfer costs and protect assets from creditors at each generational level.
Jul 28, 2026
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What asset protection strategies are available in Texas?
Texas provides some of the strongest creditor protection rules in the country through its homestead exemption, protected retirement accounts, and exempt personal property categories. Beyond those statutory protections, additional strategies include irrevocable trusts, family limited partnerships, and properly structured business entities. The right combination depends on the types of assets involved and the nature of the risk.
Jul 28, 2026
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What is an irrevocable life insurance trust (ILIT) in Texas?
An irrevocable life insurance trust (ILIT) is an irrevocable trust that owns a life insurance policy on the grantor's life. Because the trust owns the policy rather than the grantor, the death benefit is not included in the grantor's taxable estate. The trust then distributes the proceeds to named beneficiaries according to its terms, rather than passing them outright at death.
Jul 28, 2026
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How to position your family for the great wealth transfer
The great wealth transfer refers to the largest intergenerational movement of assets in recorded history, as one generation passes accumulated real estate, investment accounts, business interests, and retirement savings to the next. Houston families with meaningful assets benefit from reviewing their estate plan now rather than leaving the transfer to default rules that may not reflect their intentions.
Jul 28, 2026
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Business Advisory
What is business succession planning and why does it matter in Texas?
Business succession planning is the process of deciding who takes ownership and control of a business when the current owner retires, becomes incapacitated, or dies, and then structuring the legal and financial arrangements to carry that transition out. In Texas, the plan must also account for the community property character of business interests and the specific governance rules that apply to the entity type the business uses.
Jul 28, 2026
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How do you choose the right business entity in Texas?
Choosing the right business entity in Texas determines how personal assets are shielded from business liabilities, how profits and losses are taxed, and how the business can be transferred in an estate plan. The most common choices for Texas small businesses are the limited liability company (LLC) and the corporation, each with distinct governance requirements and tax treatment.
Jul 28, 2026
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What is a buy-sell agreement and do you need one in Texas?
A buy-sell agreement is a binding contract among business co-owners that sets the price and terms for transferring an ownership interest when an owner dies, becomes incapacitated, or exits the business. Without one, a Texas business can be forced into a dispute between surviving owners and a deceased owner's estate, creating financial and operational risk at the worst possible time.
Jul 28, 2026
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How can Texas business owners protect personal assets?
Texas business owners can use a combination of entity structure, the state homestead exemption, retirement account protections, and certain trust arrangements to keep personal assets separate from business liabilities. The right mix depends on the nature of the business, the types of risk involved, and the owner's broader estate planning goals.
Jul 28, 2026
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How does estate planning work for Texas business owners?
Texas business owners carry an estate planning obligation that goes beyond a standard will. The business interest, its ownership structure, and any succession arrangements must be addressed as part of a coordinated plan covering both personal and business assets. Without that coordination, a business can be tied up or lost at exactly the moment a family needs stability.
Jul 28, 2026
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Estate Planning
Will vs. trust in Texas: which is right for you?
In Texas, a will directs asset distribution after death but must pass through the probate court process. A revocable living trust transfers assets to beneficiaries privately, without court involvement, and can also manage assets during incapacity. Which structure fits your situation depends on your assets, family, and how much you value privacy and speed.
Jul 28, 2026
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What is a Lady Bird deed and how does it work in Texas?
A Lady Bird deed, formally called an enhanced life estate deed, transfers Texas real estate to named beneficiaries at the owner's death without going through probate. The owner keeps the right to use, sell, mortgage, or revoke the deed at any time during their lifetime. No consent from the beneficiaries is needed to change or cancel it.
Jul 28, 2026
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How do you choose an executor for your estate in Texas?
An executor in Texas is the person named in your will to gather your assets, pay debts and taxes, and distribute property to beneficiaries under court supervision. Texas requires an executor to be at least 18 years old, of sound mind, and not a convicted felon. Choosing the right person matters as much as writing the will itself.
Jul 28, 2026
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How does estate planning work for blended families in Texas?
Estate planning for blended families in Texas requires coordinating wills, trusts, and beneficiary designations across two sets of children and, often, two sets of prior estate plans. Without deliberate planning, Texas intestacy rules may direct assets to a surviving spouse's children from a prior relationship, or leave stepchildren with no legal claim at all.
Jul 28, 2026
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When should you update your estate plan in Texas?
You should review your Texas estate plan after any major life change, including marriage, divorce, the birth of a child, a significant shift in assets, or the death of a named executor, trustee, or beneficiary. Estate planning attorneys generally recommend a routine review every three to five years regardless of whether a triggering event has occurred.
Jul 28, 2026
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What is estate planning and why do I need it in Texas?
Estate planning is the legal process of arranging what happens to your assets, healthcare decisions, and dependents when you die or become incapacitated. In Texas, a basic plan typically includes a will or revocable living trust, a durable power of attorney, a medical power of attorney, and an advance directive. Without a written plan, Texas law makes those decisions for you.
Jul 27, 2026
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How do you avoid probate in Texas?
Texas offers several legal tools to transfer assets at death without going through probate court: a revocable living trust for a broad range of assets, Lady Bird deeds and transfer-on-death deeds for real estate, payable-on-death designations on bank and financial accounts, and beneficiary designations on retirement accounts and life insurance policies. Each tool has different requirements, so the right combination depends on what you own.
Jul 27, 2026
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Long-Term Care
How does Medicaid work in Texas?
Texas Medicaid, administered by the Texas Health and Human Services Commission, pays for nursing facility care and certain home and community-based services for seniors who meet income and asset eligibility requirements. A single applicant must generally have countable assets at or below $2,000. A married applicant may protect additional assets for a spouse remaining at home under federal spousal impoverishment protections.
Jul 28, 2026
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What is Medicaid crisis planning and when do you need it?
Medicaid crisis planning applies when a senior needs nursing home care immediately and the family has done no prior Medicaid planning. An elder law attorney can still take lawful steps to protect a portion of assets, accelerate eligibility, and preserve resources for a spouse at home, even after care has already begun.
Jul 28, 2026
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How can you protect assets from nursing home costs in Texas?
Texas seniors can use lawful Medicaid planning strategies to protect assets from being entirely consumed by nursing home costs. Options include converting countable assets to exempt ones, establishing irrevocable trusts before the five-year look-back period, spousal planning, and Medicaid-compliant annuities during a crisis. The right approach depends on how much time remains before care is needed.
Jul 28, 2026
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What are your long-term care planning options in Texas?
Long-term care planning in Texas addresses how you pay for extended care, whether in your home, an assisted living facility, or a nursing home. The main funding options are private pay, long-term care insurance, VA benefits for qualifying veterans, and Texas Medicaid through the STAR+PLUS managed care program. The key is planning before a care need arises, because Medicaid has a five-year look-back period on asset transfers.
Jul 27, 2026
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What is elder financial abuse and how is it handled in Texas?
Elder financial abuse is the illegal or improper use of an older person's money, property, or assets without their informed consent. In Texas, it is a criminal offense under the Penal Code and can also be addressed through civil court. Reports go to Adult Protective Services, which investigates allegations and can refer cases to law enforcement.
Jul 27, 2026
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How do you get guardianship of an elderly parent in Texas?
To become guardian of an elderly parent in Texas, you file an application in the probate court of the county where your parent lives, the court appoints an investigator and an attorney ad litem for your parent, and a judge holds a hearing to determine whether your parent lacks the capacity to manage their own affairs. Harris County has four dedicated probate courts that handle these cases.
Jul 27, 2026
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Probate
How do you contest a will in Texas?
Contesting a will in Texas means filing a formal legal challenge in the probate court handling the estate. Texas law recognizes specific grounds for a challenge, including lack of testamentary capacity, undue influence, fraud, and improper execution. The window for filing is narrow, so acting promptly after learning of a concern is important.
Jul 28, 2026
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How does probate work in Texas?
Probate in Texas is the court-supervised process of proving a will is valid, settling the deceased's debts, and distributing remaining assets to beneficiaries. Most Texas estates qualify for independent administration, which lets the executor handle the majority of steps without ongoing court approval, making Texas probate considerably faster and less expensive than in many other states.
Jul 27, 2026
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How long does probate take in Texas?
Most Texas probate estates using independent administration close in four to nine months from the initial court filing. Muniment of title, available for straightforward estates with no unsecured debts, can be completed in as little as six to eight weeks. Contested estates or those involving real property disputes, missing heirs, or significant creditor claims can take a year or longer.
Jul 27, 2026
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When do you need a probate attorney in Texas?
Texas allows executors to handle probate without an attorney in some simple estates, but most situations benefit from one. An attorney becomes essential when there is a will contest, missing or unknown heirs, creditor disputes, business assets in the estate, real estate in multiple states, or when the executor has concerns about their personal liability. Harris County probate courts also have specific filing requirements that an unfamiliar executor can easily miss.
Jul 27, 2026
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What are a trustee's duties during trust administration in Texas?
A trustee administering a trust under the Texas Trust Code must notify beneficiaries of the trust's existence, keep trust assets strictly separate from personal assets, invest prudently under the Uniform Prudent Investor Act as adopted in Texas, maintain accurate records, provide accountings to beneficiaries, and distribute assets according to the trust terms. A trustee who fails these duties can be held personally liable for losses to the trust.
Jul 27, 2026
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Cross-Border Planning
What is expatriate estate planning and who needs it?
Expatriate estate planning addresses the legal, tax, and ownership questions that arise when a US citizen or green card holder holds assets, family ties, or residency in more than one country. A standard Texas estate plan covers US-sited assets effectively but does not address the reporting obligations, foreign asset structures, and cross-border succession issues that international asset ownership creates.
Jul 28, 2026
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How does cross-border inheritance work between Texas and Mexico?
When a person dies holding assets in both Texas and Mexico, those assets do not pass under a single legal process. Texas-sited assets pass through Texas probate or a Texas trust administration. Mexico-sited assets are governed by Mexican succession law and typically require a separate Mexican legal process. Coordinating both sides requires working with US counsel for the Texas estate and separately retained Mexican counsel for the Mexican assets.
Jul 28, 2026
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What bi-national trust structures work for US-Mexico families?
US-Mexico families typically require at least two trust structures working in parallel: a US revocable living trust or similar arrangement governing US-sited assets under Texas law, and a Mexican fideicomiso or other Mexico-side arrangement governing Mexican property. The two structures must be coordinated so that together they cover all assets without conflict or gap, with US counsel handling the US side and separately retained Mexican counsel handling the Mexican side.
Jul 28, 2026
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What are the foreign asset reporting requirements for Texas residents?
US persons (citizens, permanent residents, and certain others) who hold financial accounts or specified assets outside the United States are subject to two principal federal reporting requirements: the FBAR (FinCEN Form 114) filed with the Financial Crimes Enforcement Network, and Form 8938 filed under FATCA with the IRS. Both requirements are independent of whether any tax is owed, and both carry significant penalties for non-compliance.
Jul 28, 2026
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How does US-Mexico estate planning work for Houston families?
US citizens and permanent residents with family or assets in both the United States and Mexico face two separate legal systems when planning their estates. US law governs assets held in Texas and other US states; Mexican law governs property located in Mexico. A coordinated plan addresses both sides, with US counsel handling the US-law components and separately retained Mexican counsel addressing the Mexico-law side.
Jul 28, 2026
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