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Browse our 2 legal questions about Estate Planning in United States and the lawyer answers, or ask your own questions for free.
Estate planning in Texas involves making arrangements for the management and disposal of your assets in the event of your death or incapacitation. This area of law addresses wills, trusts, power of attorney, advance directives, and guardianship. The goal is to provide clear instructions for loved ones, minimize taxes, avoid probate complications, and ensure your wishes are honored. Texas has unique laws governing estate planning that can differ from those in other states, making it vital to understand the specific local requirements.
Estate planning is more than just drafting a will. Many situations call for professional legal assistance, including:
A Texas estate planning attorney can help you avoid pitfalls, ensure your documents are legally enforceable, and provide peace of mind.
Texas estate planning is governed by the Texas Estates Code and related state statutes. Here are some key aspects relevant to residents:
If you die intestate (without a valid will), Texas law dictates how your assets are divided among your surviving relatives according to a prescribed succession order. Spouses, children, parents, and siblings may inherit based on their relationship to you.
No, a will does not avoid probate. Instead, it instructs the probate court on how to distribute your assets. However, certain assets with named beneficiaries or held in trust can pass outside probate.
A valid will must be in writing, signed by you (the testator), and witnessed by at least two people who are at least 14 years old. Alternatively, a fully handwritten (holographic) will signed by you alone can also be valid.
A living trust is a legal arrangement where you transfer assets to a trust for your benefit during your lifetime, with instructions for distribution after your death. It can help avoid probate, maintain privacy, and allow quicker transfer of assets.
Community property includes most assets and debts acquired during marriage. In estate planning, it affects how property is divided at death, typically giving the surviving spouse rights to half of the community property.
Typical documents include a last will and testament, power of attorney, medical power of attorney, directive to physicians (living will), and possibly a revocable living trust.
While you can generally disinherit children, a spouse in Texas has certain legal rights to community property and may claim a share of the estate, even if not named in the will. Exceptions and limitations may apply.
Unless legally adopted, stepchildren do not have automatic inheritance rights under Texas intestacy laws. If you wish for stepchildren to inherit, they must be specifically named in your will or trust.
Using revocable living trusts, designating beneficiaries on accounts, holding property as joint tenants with right of survivorship, and using transfer-on-death deeds can help bypass probate.
Estate planning documents should be reviewed periodically and updated with major life events. In Texas, you can amend a will with a codicil or create a new will, and you may update other documents as needed, often with legal assistance to ensure validity.
Here are some resources that may assist you with estate planning in Texas:
If you are considering creating or updating an estate plan in Texas, start by making a list of your assets, debts, and family members. Clarify your wishes regarding asset distribution, guardianship of dependents, and medical decisions. Consult with a qualified Texas estate planning attorney to ensure your documents comply with state laws and address your unique situation. An attorney can also help you understand tax consequences, avoid common mistakes, and guide you through the legal process if disputes arise. For further education, utilize the resources listed above to become more familiar with Texas laws regarding wills, trusts, and related matters.
