Introduction
When I hear from families about estate planning here in Texas, I often hear the same worry: “We know we need to do something about our estate planning, but we don’t know where to begin.” I’ve had this conversation many times at Warren & Migliaccio. The one I just had with Paul follows.
“Chris, I didn’t listen to you when we had our kids, I didn’t listen to you when we bought the house, I didn’t listen to you when I turned 50. I got lucky I’ve gotten by without an estate plan,” Paul began.
“Most people do get lucky like that—it’s just if you get unlucky, you turn an already rough time into something much more difficult,” I told him.”
“Well, I’m not rolling the dice anymore. After dealing with my parents estate after they died without will, I get it, I don’t want to do that to my family.”
“That’s right, Paul. You want to leave your family in a better spot. It’s just a nice thing to do—to leave them with a clean set of directions about your wishes.”
“I wish my folks were that nice. They left me feeling ready. But I have no idea where to start so I thought I’d call you.”
“Paul, you are in luck again, we are just rolling out a comprehensive guide to securing your legacy in Texas. Can I go over it with you? Then we can think about how all this information can apply to your situation.” I told him.
Need-to-Know Highlights
- Estate planning protects your loved ones and ensures your wishes are honored, no matter your age or wealth.
- Wills, trusts, powers of attorney, and living wills work together to secure your estate and avoid the probate process.
- A will names executors and guardians; a trust keeps assets private and controls when and how beneficiaries inherit.
- An experienced will & trust attorney tailors your plan, ensures legal compliance, and adapts it as your life changes.
Step Towards Securing Your Legacy
“That sounds like the perfect way to start.”
“Let’s do it,” I said. “But before we start Paul, just know, many people do their best to avoid setting up their estate plans, so I don’t want you to feel bad about waiting. Let’s just get it done this time.”
Many Texans like Paul put off estate planning because they assume it’s only for the wealthy or older people. Others feel uneasy about discussing the future. But here’s what I tell my clients in Plano and across Collin County: planning your estate is one of the kindest things you can do for your family.
Everyone can benefit from planning ahead for the distribution of their assets. Estate planning is essential for securing your family’s future, ensuring your loved ones are protected and your wishes are honored.
The main benefits include:
- You protect the people you love most.
- Your personal wishes are followed.
- You cut down on family conflicts in hard times.
- Your financial legacy stays secure.
Working with an experienced attorney makes a huge difference. We walk you through every choice, explain your options in plain language, and create a plan that fits your specific needs.
Why Planning for the Future is Crucial for Everyone
Please let me clear up a common myth: estate planning isn’t just for millionaires or older people. Every adult in Texas can benefit from at least a basic estate plan.
Without a plan, Texas law decides who inherits your assets and who raises your children, not you. I’ve seen families torn apart when these state decisions went against their loved one’s real wishes. It’s heartbreaking and totally avoidable. Creating a comprehensive estate plan saves your loved ones money, time, and stress when you die.
For parents with young children, this topic is even more urgent. Making estate planning a priority is essential to protect your loved ones and ensure your wishes are followed. If something happens to you, do you really want a judge—who doesn’t know your family—picking your children’s guardian? That’s why choosing guardians for minor children is usually the first thing I discuss with younger families.
What This Guide Will Cover: Your Path to Informed Decisions
In this guide, I’ll walk you through essential details about estate planning in Texas including:
- The basics of wills and trusts, plus education on how trusts can be used for specific goals, such as funding education for beneficiaries
- What a will and trust attorney actually does
- Key parts of a Texas estate plan (including powers of attorney and living wills)
- How the Texas probate process works
- Tips for finding the right attorney in McKinney, Plano, or anywhere in Collin County
- Answers to common questions about estate planning needs
Understanding the Basics: Wills, Trusts, and Your Estate Planning Needs
Before we go deeper, let’s start with the foundation: wills and trusts. They’re the main legal tools in estate planning, and while they both help manage assets, they work differently.
Your goal is to match these tools to your personal circumstances. A will and trust attorney can help you determine which estate planning tools are best for your needs. It’s not about fancy documents—it’s about creating something that best helps your family.
Knowing the difference between wills and trusts also leads to better conversations with your attorney. Understanding the key differences between wills and trusts is essential for making informed decisions. Here’s a simple overview.
What is a Will? Protecting Your Loved Ones and Assets
A will is a legal document that explains what happens to your property when you pass away. It is a legally binding document, meaning your wishes must be followed according to the law. Think of it as your set of instructions for distributing your assets to the people you want. Wills become active only after an individual’s death, ensuring your wishes are carried out posthumously.
Source: Trust & Will’s 2025 Estate Planning Report: Demographic Breakdown
But a will does more than just pass out possessions. It also lets you:
- Pick an executor to manage your estate
- Name guardians for your minor children
- Give instructions for your funeral
- Make changes as your life changes
In Texas, wills are flexible. If you have another child, get divorced, or buy a new house, we can update your will. It’s essential to revisit your estate plan every year or after major life changes to ensure it still aligns with your current circumstances.
Key roles in a will include:
- The testator (you)
- Your beneficiaries (those who receive your assets)
- Your executor (the person carrying out your wishes, also known as the personal representative)
For young parents, naming guardians is often the driving reason to create a will. You want to make sure your kids are raised by people you trust—not someone a court selects. Major life events, such as marriage or the birth of a child, necessitate reevaluation of your estate plan to ensure it reflects your current priorities.
Key Elements of a Valid Texas Will
Texas has specific rules for a will to be legally valid. According to the Texas Estates Code, your will must be:
- Written (not just spoken)
- Signed by you (or signed by someone else at your direction)
- Witnessed by two credible individuals who are at least 14 years old, don’t inherit under the will, and sign in your presence
You must also be of sound mind and at least 18 (unless you’re married or in the military). Texas allows holographic wills (fully handwritten and signed by you) without witnesses, but I still suggest a properly drafted will to avoid trouble later.
We can also make a will “self-proving” with a notarized affidavit. This makes probate easier because your witnesses won’t have to testify in court.
What Happens if You Die Without a Will in Texas? (Intestacy)
If you die without a will—called dying “intestate”—Texas law dictates who gets your assets. This strict formula often won’t match your wishes. When there is no will, the probate court is responsible for overseeing the distribution of your assets according to state law. Your property could end up with relatives you barely know, or a court might name a guardian for your kids who isn’t your top choice. Without a will, your estate will be subject to state laws during the probate process, which can be lengthy and impersonal.
The state usually prioritizes your spouse and children. Assets are distributed to surviving family members according to intestacy laws. If you have neither, your parents inherit, then siblings, then more distant relatives. This rigid plan shows why having your own will is so important.
Demystifying Trusts: Flexible Tools for Asset Management and Protection
A trust is a legal setup where you (the grantor) put assets under the care of a trustee, who manages them for your beneficiaries. It’s like placing your belongings into a secure box with specific rules on how to use them.
One big advantage in Texas is that assets in a trust skip probate when you pass away. This saves time, money, and keeps family matters more private.
Trusts aren’t only for the ultra-wealthy. They can help regular families:
- Keep assets safe
- Lower estate taxes
- Control how and when heirs get their inheritance
- Provide more control over how and when assets are distributed, allowing you to set detailed instructions for your beneficiaries
Main trust roles include:
- Settlor/Grantor (you)
- Trustee (manages the trust)
- Beneficiaries (those who benefit from the trust)
Trusts are powerful for specific goals, like caring for a child with special needs or protecting assets from creditors. Trusts can also be used to allocate funds for specific purposes, such as education or healthcare, ensuring that assets are managed and distributed according to your wishes.
Common Types of Trusts in Texas (e.g., Revocable Trust, Irrevocable Trust, Living Trusts)
Texas law allows different types of trusts. Here are some I frequently set up:
- Revocable Living Trust: This trust can be changed or revoked by the grantor at any time during their lifetime. It is commonly used for probate avoidance and flexibility in estate planning.
- Irrevocable Trust: Once established, this trust cannot be changed or revoked by the grantor. Irrevocable living trusts are often used for asset protection and estate tax benefits, as assets placed in these trusts are generally beyond the grantor’s control.
- Testamentary Trust: Created by a will and only comes into effect after the grantor’s death.
- Special Needs Trust: Designed to provide for a beneficiary with special needs without affecting their eligibility for government benefits.
Living Trusts (Inter Vivos Trusts)
- Revocable Living Trust: Very common because you keep control and can change or cancel it. When you pass away or become incapacitated, your successor trustee takes over without probate.
- Irrevocable Trust: You usually can’t change it without beneficiary approval or a court order, but it gives stronger asset protection and potential tax benefits.
Testamentary Trusts
- Created through your will and starts after death and probate. Helpful for managing assets for minors, but remember that assets still go through probate first.
Other specialized trusts include:
- Special Needs Trusts
- Charitable Trusts
- Generation-Skipping Trusts
- Marital Trusts (for larger estates)
Benefits of Using a Trust in Your Estate Plan
Including a trust in your estate plan can offer:
- Avoiding Probate: Assets in a living trust go straight to beneficiaries without court involvement.
- Privacy: Unlike probate, trust details remain confidential.
- Control Over Asset Distribution: You decide exactly how and when beneficiaries receive their inheritance.
- Managed Assets: Trusts ensure your assets are managed according to your instructions, both during your lifetime and after your death.
- Incapacity Planning: If you can’t manage your affairs, your trustee can step in right away.
- Potential Asset Protection: Certain trusts can shield assets from creditors.
- Tax Planning: Some trusts lower estate or gift taxes for larger estates.
Will vs. Trust: Which is Right for Your Estate Planning Needs?
Deciding between a will and a trust (or using both) depends on your situation. Determining the right approach is a crucial step in creating effective estate plans. There’s no one-size-fits-all, so it’s wise to talk to an estate planning attorney who understands your goals.
A will might work best if you have:
- A simple estate
- A primary goal of naming guardians
- Assets that already require probate
A trust might be better for:
- Avoiding probate
- Keeping your affairs private
- Managing assets for a long time
- Owning real estate in multiple states
- Blended families
- Beneficiaries with special needs
Will vs. Trust at a Glance
Even if you have a revocable trust, we often add a “pour-over will” to catch any assets left out of the trust and to name guardians for minors.
The Role of a Will and Trust Attorney: Expert Legal Guidance for Your Future
A will and trust attorney (also called an estate planning attorney) is essential for creating a strong plan. We do more than fill in forms—we give personalized legal advice shaped by your family’s unique needs.
Working with a knowledgeable attorney ensures your estate plan is tailored to your goals. Hiring a skilled estate planning attorney can help simplify the planning process and ensure all legal documents are valid.
Estate planning is a serious process involving family, finances, and personal values. An attorney helps you make informed decisions so your loved ones stay protected.
Texas estate law can be complicated, especially with larger estates, blended families, or special goals like donating to charities. The cheaper price of online forms might be appealing b, but they can’t tailor a plan to your specific needs or identify potential risks. Estate attorneys have specialized knowledge in federal and state laws governing estate management, ensuring your plan is both effective and legally sound.
A will and trust attorney also provides ongoing support throughout the creation of your estate plan and beyond.
What Does an Estate Planning Attorney Do?
An estate planning attorney takes on many tasks, including:
- Understanding Your Goals and Family Circumstances
- Explaining Legal Options in Plain Language
- Drafting Customized Legal Documents
- Suggesting Asset Protection and Tax Strategies
- Helping Fund Trusts and Update Beneficiary Designations
- Guiding You in Choosing Executors, Trustees, and Power of Attorney Agents
- Making Sure Your Plan Follows Current Texas Laws and Updating It When Needed
Comprehensive Estate Planning Services Offered
Most will and trust attorneys offer a range of estate planning services, such as:
- Crafting Wills and Trusts
- Last wills and testaments
- Revocable living trusts
- Irrevocable trusts
- Special needs trusts
- Testamentary trusts
- Establishing Power of Attorney
- Durable POA for finances
- Medical power of attorney for healthcare
- Preparing Living Wills and Advance Directives
- Living will (Directive to Physicians)
- Other advanced directives
- Navigating the Probate Process
- Guiding executors through probate
- Asset Protection Strategies
- Shields assets from lawsuits or creditors
- Business Succession Planning
- Helps your company continue after you’re gone
- Guardianship Planning
- For minors or adults needing care
- Special Needs Planning
- Maintains benefits for disabled family members
Why You Need a Specialized Trusts Attorney for Complex Estates
Many attorneys can handle simple wills, but a complex estate needs deeper knowledge. Complex estates might involve:
- High-value assets
- Multiple businesses
- Real estate in different states
- Blended families
- Disabled beneficiaries
- Large-scale charitable giving
An attorney who regularly deals with trusts will know:
- Detailed trust laws
- State and federal tax rules
- Advanced planning techniques
I once helped a family with commercial properties in three states. Their former will meant they’ need separate probate cases in each state. We switched the properties to a trust to avoid multiple court processes, saving them a lot of time and money.
Essential Components of a Comprehensive Texas Estate Plan
A complete Texas estate plan is like a toolbox—each document protects you and your loved ones at different points in life.
Overview of Key Texas Estate Planning Documents
Your Last Will and Testament: The Foundation of Your Wishes
Your will is the cornerstone of your plan. It decides who gets your property, names an executor, and picks guardians for minors. If you don’t have a will, Texas intestacy laws decide these things for you. That might not match your personal wishes.
Trusts: Beyond Basic Wills for Enhanced Control and Protection
Trusts do things that wills can’t, like getting around probate and keeping your personal matters private. They also let you manage money for a beneficiary over a long period or set special rules (like for a child who isn’t ready for a large inheritance).
For example, you can use a trust to allocate funds specifically for a beneficiary’s education or to control when and how an inheritance is accessed.
Exploring Living Trusts: Benefits and Considerations
Revocable living trusts are popular because you can change them anytime. You typically serve as the initial trustee, and a successor trustee takes over if you pass away or can’t manage your affairs. This handoff happens without the delays of probate.
Yes, a living trust can cost more to set up and fund, but you often save on probate fees later. It also brings peace of mind that your loved ones won’t deal with extra court hurdles during an already tough time.
Power of Attorney: Appointing Someone to Act on Your Behalf
A power of attorney (POA) allows a person you trust to make decisions for you if you’re unable to do so. This is a crucial part of incapacity planning.
When choosing an agent, pick someone honest, organized, and capable. You remain responsible for their actions, so choose carefully. A POA can start right away or only go into effect if a doctor says you’re incapacitated.
Financial Power of Attorney (Durable Power of Attorney)
A durable POA for finances lets your chosen agent:
- Pay bills
- Manage bank accounts and investments
- Handle property transactions
- Deal with government benefits
“Durable” means it remains valid even if you can no longer make your own decisions. Texas has a statutory form that grants broad powers, so be sure you understand it before signing.
Medical Power of Attorney (Healthcare Directive)
A medical power of attorney gives a person you trust the power to make healthcare decisions if you’re unable to speak for yourself. It becomes active when a doctor confirms you can’t make decisions on your own.
Your agent should respect your known wishes and values. Texas provides an official form you can use for this directive.
Living Will and Advance Directives: Making Your Healthcare Wishes Known
A living will (officially called a “Directive to Physicians” in Texas) explains how you want end-of-life care handled. Creating an end of life plan is a crucial part of comprehensive estate planning, ensuring your wishes for care and asset distribution are clearly documented. It speaks for you when you can’t communicate.
To be valid in Texas, it must be:
- In writing
- Signed by you
- Witnessed by two adults or notarized
Other advanced directives include an Out-of-Hospital Do-Not-Resuscitate (OOH-DNR) Order, telling emergency personnel not to do CPR outside a hospital.
End of life planning ensures your wishes are respected and your loved ones are not left with difficult decisions.
Guardianship Designations for Minor Children
Naming guardians for your minor children in your will is critical. Without it, a court chooses. Pick someone who shares your values and is ready to handle the responsibility. Always name a backup guardian in case your first choice can’t take on the responsibility.
Navigating the Texas Probate Process: What to Expect
Probate is the court-supervised process of confirming a will’s validity, picking an executor, collecting assets, paying debts, and distributing what’s left. It can be time-consuming, pricey, and public.
That’s why many people use living trusts to avoid probate. But if you only have a will, your estate will likely go through the probate system.
What is Probate and When is it Necessary in Texas?
Probate is required if a deceased person owns assets that:
- Are only in their name
- Have no beneficiary designations
- Don’t have rights of survivorship
Examples include:
- Real estate owned solely by the deceased
- Bank accounts without payable-on-death designations
- Property without other transfer instructions
Assets that avoid probate include:
- Property in a living trust
- Jointly owned property with rights of survivorship
- Life insurance or retirement accounts with named beneficiaries
- Payable-on-death (POD) or transfer-on-death (TOD) accounts
Steps in the Texas Probate Process
- Filing the Will and Application for Probate: Must be done within four years of death in the county where the person lived.
- Posting Notice and Court Hearing: Notice is posted, then a hearing is set to confirm the will.
- Appointment of Executor or Administrator: The court names the person chosen in the will or, if no will exists, appoints an administrator.
- Inventory, Appraisement, and List of Claims: Filed within 90 days, listing all assets and their values. This becomes public.
- Notifying Creditors and Paying Debts: Creditors must be notified, and valid debts get paid before assets are given to beneficiaries.
- Distributing Remaining Assets: After debts and taxes, the estate is divided according to the will or intestacy laws.
- Closing the Estate: A final accounting is filed, and the court ends the probate.
Source: 2025 Wills and Estate Planning Study – Caring.com
How an Estate Planning Attorney Helps with Probate Administration
Probate has many rules, forms, and deadlines. An attorney can:
- Prepare and file court documents
- Guide the executor on their duties
- Identify and value assets
- Handle creditor claims
- Give legal counsel on distributing assets
- Represent the estate in court if disputes happen
Expert help keeps everything on track at a time when families are already dealing with grief.
Finding a Will and Trust Attorney Near Me in Texas (e.g., McKinney, Plano, Collin County)
Choosing a will and trust attorney is a big decision. In McKinney, Plano, and Collin County, you want someone who understands local rules and meets your needs.
Because estate planning is personal, it’s important to find the best lawyers you trust with sensitive family details.
Tips for Searching for Local Estate Planning Services
- State Bar of Texas: Check their lawyer referral service for attorneys by location and specialty.
- Online Legal Directories: Websites like Justia, FindLaw, and Super Lawyers have attorney listings.
- Personal Referrals: Ask friends, relatives, or financial advisors for recommendations.
- Local law firm Websites: Look for firms or PLLC entities that make estate planning services a core part of their practice.
- Community Seminars: Some attorneys hold free info sessions where you can assess their expertise. Referrals from healthcare professionals and previous clients are often valuable when looking for an estate planning attorney.
Questions to Ask a Potential Estate Planning Lawyer During Your Initial Consultation
- Experience and Specialization
- “How much of your practice focuses on estate planning?”
- “How long have you practiced estate law in Texas?”
- “Have you handled cases like mine?”
- Process and Services
- “Which documents do you suggest for my situation?”
- “Can you walk me through your estate planning process?”
- “Will you help with funding a trust and updating beneficiaries?”
- “How do you handle changes or updates later?”
- Fees and Communication
- “Do you charge flat or hourly fees?”
- “What’s included in that cost?
- Are there extra charges?”
- “Who will be my main point of contact?”
- “How quickly do you reply to client questions?”
- Firm Specifics
- “What makes you the best law firm in this area?”
Evaluating Credentials and Experience (e.g., experience with estate law, types of law firms like PLLC)
Look for:
- Years of Dedicated Work in Texas estate law
- Board Certification in Estate Planning and Probate Law (where applicable)
- Positive Client Reviews
- Membership in Estate Planning Sections of Bar Associations
- A Firm Structure (solo vs. large PLLC) that fits your needs
The Importance of a Free Consultation
Most estate planning attorneys offer a free consultation. This allows you to:
- See if you and the attorney are compatible
- Talk about your family and financial goals
- Understand how they would approach your plan
- Ask about fees without committing
Take your time to choose the right attorney. It’s an investment in your family’s future.
The Benefits of a Well-Crafted Estate Plan: Security for You and Your Loved Ones
A good estate plan does more than hand out assets. It creates a roadmap for managing your affairs, and it makes things easier for your loved ones during difficult times. Many Americans do not have a will or estate plan; approximately 6 in 10 don’t have these documents, highlighting the importance of taking action.
Ensuring Your Final Wishes Are Honored
By putting your desires on paper, you prevent confusion and state laws from making choices you wouldn’t want.
Protecting Your Beneficiaries and Family Members
Estate planning provides financial security for your family by:
- Setting up a smooth inheritance for your spouse and children
- Safeguarding assets for a child with special needs
- Keeping property away from creditors or poor financial decisions
Minimizing Potential Conflicts and Legal Challenges
Clear directions reduce tension by:
- Stating your intentions outright
- Avoiding misunderstandings
- Offering a well-defined plan for distributing assets
Achieving Peace of Mind Knowing Your Affairs Are in Order
The greatest benefit is the feeling of relief. When you know everything’s in place, you can focus on living your life, confident that you’ve protected your loved ones, and know that something you may have been putting off—is done
Frequently Asked Questions (FAQs) About Wills, Trusts, and Estate Planning Attorneys
Do I need a will and trust attorney, or can I do it myself?
Yes, you can create your own will or trust without an attorney, but hiring an attorney is wise if you have complex assets, blended families, or tax issues. Creating a living trust yourself is an option, but proceeding without professional advice might not be the best option for a complex estate.
Consider DIY options if you have:
Firstly, simple assets with clear beneficiaries
No minor children requiring special provisions
Also, assets below your state’s estate tax threshold
Likewise, straightforward distribution wishes
Hire a trust lawyer when you have:
Firstly, multiple properties or business interests
Minor children or beneficiaries with special needs
Additionally, assets near or above estate tax exemption limits
Blended family situations requiring careful planning
Likewise, properties in multiple states
How much does it cost to hire a will and trust attorney?
Attorney fees for estate planning vary significantly based on complexity, location, and the attorney’s experience. A basic will may range from $300–$1,200, while setting up a living trust can cost $1,000–$1,500.
Typical cost ranges include:
Simple will: $300–$1,200
Revocable living trust: $1,500–$3,000
Complex trust arrangements: $2,500–$5,000+
Comprehensive estate planning packages: $2,500–$5,000
Most estate planning attorneys offer flat fees for standard services rather than hourly billing, making costs more predictable. Many attorneys in Texas offer free initial consultations to discuss your needs and provide accurate cost estimates.
What’s the difference between a will attorney and a trust attorney?
While many attorneys handle both wills and trusts, seasoned trust-and-estate lawyers can help you navigate more complicated situations beyond simple wills. A will attorney focuses primarily on drafting last will and testament documents, while a trust attorney has more specialized knowledge to help draft various trust structures.
Trust attorneys typically offer:
Expertise in complex trust structures (revocable, irrevocable, special needs)
Advanced tax planning strategies
Asset protection planning
Multi-generational wealth transfer strategies
Business succession planning
The attorney-client relationship remains the same regardless of specialization, focusing on understanding your unique needs and providing tailored legal services for your estate planning goals.
When should I hire a will and trust attorney?
You should consider hiring an estate planning attorney when major life events occur or when your financial situation becomes more complex. Estate planning is critical for parents with minor children, as you need to designate guardians.
Key timing indicators include:
Firstly, getting married or divorced
Having or adopting children
Purchasing real estate or significant assets
Starting or selling a business
Likewise, receiving an inheritance
Approaching retirement
Experiencing health concerns
Lastly, moving to a different state
But don’t wait for a crisis – establishing an attorney-client relationship in advance allows for thoughtful planning and regular updates as your life circumstances change.
Do I need both a will and a trust?
Many people benefit from having both a will and a trust as they serve different purposes. If you have minor children, you may need both – a will designates guardians, while a trust can help manage your assets.
You typically need both when you have:
Minor children (will names guardians, trust manages inheritance)
Assets both inside and outside the trust
Specific funeral or burial instructions
Personal property distributions
Pour-over provisions to catch missed assets
Most Revocable Living Trusts include a Pour Over Will, which acts as a backup plan to ensure all assets go under your trust. This comprehensive approach ensures no assets are accidentally left out of your estate plan.
How do I find a good will and trust attorney near me?
Finding a reliable trust and will attorney requires thorough research and asking the right questions. Start your search locally in areas like Celina, Dallas, or your specific Texas community.
Effective search methods include:
Firstly, State Bar of Texas lawyer referral service
Personal referrals from financial advisors or friends
Likewise, online legal directories (Avvo, Martindale-Hubbell)
Also, local bar association estate planning sections
Similarly, community estate planning seminars
Verify credentials, confirm they hold valid law licenses and specialize in estate planning, and look for certifications or membership in professional organizations. Schedule consultations with 2–3 attorneys to find the best fit for your needs and communication style.
What questions should I ask a trust attorney during consultation?
When meeting with a potential estate planning lawyer, asking crucial questions ensures your needs will be met. Focus on their experience, process, and how they’ll address your specific situation.
Essential questions include:
How much of your practice focuses on wills & trusts?
How long have you practiced estate law in Texas?
What documents do you recommend for my situation?
Will you help with trust funding and beneficiary updates?
Do you charge flat fees or hourly rates?
What’s included in your estate planning package?
How do you handle future updates or changes?
Can you provide client references?
Ask if they have experience with situations similar to yours, especially if you have complex assets or family dynamics.
Do I have to use the same attorney to update my will or trust?
No, you can go to any attorney you want to update your will or trust. However, using your original attorney often streamlines the process if they have your files and understand your situation.
Consider a new attorney when:
You’ve moved to a different state
Your original attorney has retired or closed practice
You weren’t satisfied with previous legal services
Significant life changes require fresh perspective
Complex changes need specialized expertise
If you go to a new attorney, they might need to draft an entirely new will or trust because they don’t have an editable version of your existing documents. Factor this into your decision and costs.
What should I bring to my first meeting with an estate planning attorney?
Being prepared for your initial consultation helps maximize your time and ensures accurate legal advice. With the right documents, the attorney will be able to review them and explain what needs to be done to properly administer your estate plan.
Essential documents to bring:
Firstly, current will, trust, or estate planning documents
Financial statements (bank accounts, investments, retirement accounts)
Real estate deeds and property information
Also, business ownership documents
Life insurance policies
List of beneficiaries with contact information
Additionally, any prenuptial or divorce agreements
Likewise, powers of attorney or healthcare directives
Having this information ready helps your lawyer provide more accurate advice and cost estimates for your specific situation.
How long does it take to set up a trust with an attorney?
The timeline for creating a trust varies based on complexity and your preparation. Most people complete their trust-based estate plan in about 20 minutes online, but working with an attorney typically takes longer for a more customized approach.
Typical timeline with an attorney:
Initial consultation: 1–2 hours
Document drafting: 1–2 weeks
Review and revisions: 1 week
Signing and notarization: 1 appointment
Trust funding process: 2–4 weeks
The complete process usually takes 3–6 weeks from initial consultation to fully funded trust. Complex estates or extensive revisions may extend this timeline. Your attorney will guide you through each step, ensuring all legal requirements are met.
How much does it cost to create a will or trust in Texas?
It varies based on the plan’s complexity, the attorney’s experience, and their fee setup. A simple will might cost a few hundred dollars, while a more detailed revocable trust for a complex estate could run several thousand. Always ask about recording fees or other charges during your initial consultation.
Can I write my own will in Texas?
What is the difference between a revocable and irrevocable trust?
Revocable: You can change or cancel it while you’re still mentally competent. You keep ownership and control of assets.
Irrevocable: Usually can’t be changed once signed. You give up control of the assets, but you gain stronger asset protection and possible tax advantages.
How often should I update my estate plan?
Check it every 3–5 years or when big life events happen, such as:
Marriage or divorce
Birth of a child
Likewise, death of a spouse or other key person
Large financial changes
Changes in the law
Moreover, moving to another state
What are advanced directives in Texas?
They’re documents explaining your healthcare wishes in advance:
Firstly, a Directive to Physicians (living will) states life-sustaining treatment preferences.
A medical power of attorney names someone to make healthcare choices for you.
Additionally, an Out-of-Hospital DNR stops CPR outside hospitals.
Likewise, a Declaration for Mental Health Treatment outlines choices for mental health care.
What does an estate planning attorney help with specifically?
Firstly, understanding your goals
Explaining your choices
Drafting tailored wills, trusts, POAs, and planning documents
Likewise, protecting assets from creditors and reducing taxes
Assisting with trust funding and beneficiary forms
Suggesting the best people for executor or trustee
Lastly, helping with probate, if needed
Conclusion: Take the Next Step Towards Securing Your Future with Expert Legal Guidance
Estate planning is one of the most thoughtful ways to care for your family. It protects your assets, ensures your wishes are followed, and reduces conflict.
Yes, thinking about the future can be tough, but the peace of mind is priceless.
Recap of Key Takeaways
- Every adult in Texas needs a plan for their assets and loved ones.
- Wills, trusts, powers of attorney, and living wills make up a strong estate plan.
- Effective planning follows your wishes, protects your family, and helps avoid probate headaches.
- Professional advice is crucial to navigate Texas law.
Encouragement to Seek an Initial Consultation with a Qualified Will and Trusts Attorney
While this guide offers a solid start, your needs are unique. Reach out for a professional review of your situation. If you’re in McKinney, Plano, Dallas, or anywhere in the state of Texas, Warren & Migliaccio has services that can help you. Let’s protect what matters most to you.
Is Paul Committed to Going Through With It?
“Chris, I never knew estate planning was that serious for regular people like me,” Paul said. “There are so many things to think about.”
“There are, and that’s why it’s so important to have an attorney with the right experience around to help,” I told him.
“Okay, I get the logic. It all makes sense. But I have to confess. I’m just scared. It’s not so much me. It’s just everytime I mention the idea, my wife freaks out. It’s impossible to talk to her about this topic.”
“I understand. That’s often the hardest part, getting the conversation started with your loved ones. Nobody wants to talk about death.”
“But I like the way you framed it. It’s really about being nice to your loved ones. Making the inevitable, easier,” he realized.
“That’s right, that can be the best way to get the conversation going. Tell her, we need to do something nice for the kids, something your parents didn’t do for you, she might understand,” I suggested.
“I can do that. But will you help if she’s not receptive?”
“Sure, I can. Just tell her you both need to come see me for a free consultation about putting aside some money for the kids. Something gentle like that. In the meantime, I can prepare to guide you towards the best plan. But first you need to do some homework,” I told him.
“What kind of homework?” he asked.
Understanding the Basics of Estate Planning
“Let’s start with the basics. I’ll need to know about your assets, your real estate, investment accounts, retirement accounts. Also, i’ll need a general number to see if we need to factor in estate tax considerations. I’ll also want to know who you’d like your beneficiaries to be? And how you really feel about probate.”
“Oh, I hated probate. I’d do anything to avoid that for my kids.”
“Well it doesn’t have to be so terrible, but I’ll present you with an option to avoid it,” I said. “So can you get me some general information? We’ll fill in the details as we move forward, but I don’t want to get too far ahead of ourselves until I know you’re really committed.”
“Oh, I’m committed. But you’re right, let’s get my wife on board too, then we’ll be fully ready to move ahead,” he said.
“Great, Paul, you get me some info, talk to your wife, and let’s aim to take the next step in a week or two.”
“Thanks Chris. Now not only do I feel like we’ve started, but it doesn’t feel so scary anymore.”
Schedule a Consultation with our Dallas Firm to Learn About How to Secure your Family’s Future in Texas
Thinking about how to secure your family’s future can be stressful and challenging, but you do not have to face it alone. Our team of experienced Dallas family attorneys is ready to provide you with the guidance, support, and legal advocacy you need during these challenging times.
Whether you are trying to secure your family’s future or have other specific estate planning concerns, we are here to help you every step of the way. We welcome you to schedule a consultation to discuss your situation and estate planning objectives. We can answer your legal questions and discuss how we can help you move forward. Call our law office at (888) 584-9614 or contact us online to schedule your consultation.
This article is for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney for advice specific to your situation.
