Practice · Estate planning
When you need protection
Most people put this off because it feels like planning for the worst. It is closer to the opposite: a few decisions made now so the people you love are not left guessing later.
What happens without a plan
Texas decides for you
If you die without a will in Texas, the Estates Code distributes what you owned according to a formula. That formula knows nothing about your family, and it rarely matches what people assume.
The most common surprise involves separate property. A spouse does not simply inherit everything. Where there are children, separate personal property is divided between the surviving spouse and the children, and separate real property can pass to the children subject to a life estate for the spouse. In a blended family that can mean a surviving husband or wife sharing ownership of the house with stepchildren.
Administration cost is the second surprise. A properly drafted Texas will can authorize independent administration, which keeps the estate largely out of ongoing court supervision. Without it, the estate may require dependent administration, with court approval and bond requirements at each step. The difference in cost and delay is substantial.
The core documents
What protection actually looks like
A will is one piece, and on its own it does nothing while you are alive. Much of what goes wrong in a family crisis happens before anyone has died.
Last will and testament
Directs who receives what, names an executor, and authorizes independent administration. A self-proving affidavit means your witnesses do not have to be tracked down and brought to court years later.
Statutory durable power of attorney
Authorizes someone you choose to handle financial and property matters if you cannot. Without one, your family may have to petition a court for guardianship, which is slow, public and expensive.
Medical power of attorney
Names the person who makes healthcare decisions when you are unable to. This is the document families most often wish they had, and most often do not.
Directive to physicians
Records your wishes about life-sustaining treatment, so the decision does not fall to relatives who are grieving and disagreeing.
Declaration of guardian for minor children
Names who raises your children if you cannot. For parents of young children this is usually the single strongest reason to stop putting the conversation off.
Transfer on death deed
Texas allows real property to pass directly to a named beneficiary at death, outside probate, while you keep full control during your lifetime.
When it becomes urgent
Situations that should not wait
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You have children under eighteen
Guardianship is the one decision no one else can make well on your behalf. Without a declaration, a court chooses, on whatever evidence relatives bring it.
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You have remarried, or your children have
Blended families and Texas intestacy rules interact badly. This is where the separate property formula most often produces an outcome nobody intended.
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You own a business or real property
Company agreements, buy-sell provisions and how title is held all need to point the same direction as your will. When they conflict, the will often loses.
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A diagnosis has changed the timeline
Capacity to sign is a legal requirement. Documents prepared while there is no question about capacity are far harder to challenge later.
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You moved to Texas from another state
Your existing documents may still be valid, but Texas community property rules and statutory forms differ enough that a review is worth the hour.
How it works
Straightforward, and usually quick
For most families this is a short, flat-fee engagement rather than an open-ended one. We talk through your situation and who depends on you, I draft the documents, and we handle signing with the witnesses and notary the statute requires.
Handwritten and DIY wills are valid in Texas under narrow conditions, and they fail often enough that the savings are frequently false. Fixing an invalid will in probate costs many times what drafting a valid one would have.
This page is general information about Texas law, not advice about your situation. What you need depends on your family, your property and how title is held.
Next step
Protect the people who depend on you
A short conversation is usually enough to tell you what you actually need, and what you do not.