Wills

A last will and testament is popular, and often the foundation of an estate plan. It gives you the ability to:

• Designate heirs – You decide who inherits your property, from family members to charities. Without a will, Texas intestacy laws dictate distribution, and they usually do not take your wishes into accordance.
• Appoint an executor – The executor manages your estate by paying debts, handling court filings, and distributing assets. Choosing someone trustworthy and capable ensures your estate is settled perfectly.
• Name guardians for minor children – If you have children under 18, your will allows you to choose who should raise them if you become unable to. Without this, the court will decide, and it may not be the person you would have chosen.
• Express final wishes – A will is also a place to state preferences for burial, cremation, or memorial arrangements.

In Texas, a will must follow specific legal requirements to be valid. For example:

• It must be in writing.
• It must be signed by you (the “testator”).
• It must be witnessed by at least two credible witnesses.

A will that fails to meet these requirements can be challenged or declared invalid. That could force your estate into intestacy, leaving distribution up to state law and potentially causing disputes among family members. Because of these strict rules, most people benefit from legal guidance to ensure their will is drafted, executed, and stored properly.

A will does not avoid probate—it guides the probate process. Probate in Texas is often less burdensome than in other states, but having a well-prepared will makes the process smoother and helps prevent family conflicts.

Trusts

Trusts are flexible tools that allow you to manage, protect, and distribute assets during your lifetime and after death. They can help reduce probate involvement, protect vulnerable beneficiaries, or achieve tax goals. Common types include:

• Revocable Living Trusts – Can be changed during your lifetime and help ensure seamless transfer of assets upon death. They are popular for avoiding probate.
• Irrevocable Trusts – Cannot be easily changed, but provide stronger asset protection and potential tax advantages.
• Special Needs Trusts – Ensure ongoing support for loved ones with disabilities without affecting eligibility for benefits.
• Testamentary Trusts – Created within a will and only take effect after death, often used to control when and how minors or young adults receive their inheritance.

Powers of Attorney

Powers of attorney give someone you trust the authority to make decisions if you cannot. Without these, loved ones may have to petition a court for guardianship, which is known to be stressful and time-consuming.

• Durable Power of Attorney – Covers financial and legal matters.
• Medical Power of Attorney – Covers healthcare decisions.

Advance Healthcare Directives

This “living will” gives medical providers and loved ones clear instructions about your preferences for end-of-life care. It spares your family from making painful choices in uncertainty.

Guardianship Designations

If you have children or care for a dependent adult, naming a guardian is one of the most important protective steps you can take. Texas courts will appoint someone if no guardian is named, but that person may not reflect your wishes.

Probate and Estate Administration Guidance

Even with careful planning, probate may still be required in Texas. Having guidance through this process helps executors manage:

• Filing the will with the court.
• Inventorying assets.
• Notifying and paying creditors.
• Distributing property to beneficiaries.

Without a plan, families must follow intestate succession rules—Texas’s default system for distributing property—which may not match what the deceased would have wanted.

Business Succession Planning

For entrepreneurs, estate planning must also address the future of the business. A succession plan might involve buy-sell agreements, management transition planning, or placing business assets in trust to ensure stability.