Estate Planning

If you die without a will in Texas, state intestacy law determines who inherits your estate. For a married person with children from the marriage, Texas law typically splits the community property between the surviving spouse and the children rather than leaving everything to the spouse.

Texas intestacy follows a priority order: spouse, children, parents, siblings, and more distant relatives. The exact division depends on whether assets are community or separate property and whether children are from the current marriage or a prior relationship. Dying without a will also means the court appoints an administrator rather than an executor you chose, and may require a dependent administration with more court oversight.

Estate planning attorney fees in Texas vary based on what documents your situation requires. A foundational package (will, durable financial power of attorney, medical power of attorney, and directive to physicians) typically costs less than a trust-based plan, which involves additional drafting and asset-funding work.

We provide a fee estimate after the initial consultation, once we understand your situation and which documents it calls for. The cost of a properly prepared plan is a fraction of what an unprepared estate costs a family in probate delays, court fees, and attorney involvement that a good plan would have prevented.

Most Texas adults benefit from four core documents: a will, a durable financial power of attorney, a medical power of attorney, and a directive to physicians. Property owners may also benefit from a Lady Bird deed or transfer-on-death deed to handle real estate outside probate.

Additional documents depend on your situation. Parents of minor children need a guardian designation. Business owners need planning that addresses their ownership interest. Families with significant assets, property in multiple states, or complex family structures may benefit from a revocable living trust. The purpose of the initial consultation is to identify what your situation requires.

You should review your Texas estate plan after any major life change: marriage or divorce, the birth of a child or grandchild, the death of a named executor or agent, a significant change in assets or property, or a move to or from Texas. We also recommend a review every three to five years regardless of specific events.

Texas law, Medicaid rules, and federal tax law change over time. Documents that were well-drafted five years ago may not reflect current rules or your current wishes. Powers of attorney and directives to physicians that are more than a few years old can sometimes be questioned by financial institutions or medical providers.

Texas law permits holographic wills, which are entirely handwritten and signed by the person making the will, with no witnesses required. A typed will requires two disinterested witnesses. Both are valid in Texas if properly executed.

The risk of a self-prepared will is rarely whether it meets the technical requirements for validity. The risk is whether it says what you intended. Poorly worded beneficiary clauses, missed community property issues, or failure to address what happens when a beneficiary predeceases you can create outcomes your family will need legal help to untangle.