Estate Planning in Texas: Why Waiting Could Cost Your Family Everything
- Stephanie Fernald
- 4 days ago
- 3 min read
When it comes to protecting your family and your assets, there’s one critical truth: the cost of doing nothing is far greater than the cost of planning ahead. Yet, too many Texans put off estate planning, thinking it’s something for “later” in life. The reality? Waiting could leave your loved ones unprotected and your legacy at risk.
At BC Robertson Law, we’ve seen firsthand how failing to plan leads to heartache, legal battles, and financial loss. Let’s explore why estate planning isn’t just smart—it’s essential.
Estate Planning in Texas | Why Do So Many Texans Delay Estate Planning?
If you’ve ever thought:
“I’m too young for an estate plan.”
“I don’t own enough to need one.”
“I’ll get to it when life slows down.”
You’re not alone. These are common misconceptions. But the truth is, estate planning in Texas isn’t just for retirees or the ultra-wealthy—it’s for anyone who wants to protect their loved ones and their hard-earned assets.
The High Cost of Procrastination
1. Intestacy Laws Will Decide for You
If you die without a will in Texas, your estate will be distributed according to the state’s intestacy laws. That means:
The court decides who inherits your property.
Minor children could end up with guardians you didn’t choose.
Unmarried partners and stepchildren may receive nothing.
You lose control, and your loved ones are left navigating a complex and often contentious legal process.
2. Your Family Faces Probate Delays and Expenses
Without a plan, your estate will likely go through probate—a court-supervised process that can take months or even years. Probate in Texas can be expensive, with attorney’s fees, court costs, and executor fees eating into your estate.
3. No Plan for Incapacity
Estate planning isn’t only about what happens when you die. What if you’re incapacitated due to illness or accident? Without powers of attorney or healthcare directives in place, your family could face:
Expensive guardianship proceedings.
Stressful decisions about medical care.
Frozen accounts and inability to pay bills.
What an Estate Plan Can Do for You
At BC Robertson Law, we tailor estate plans to fit your unique situation. A comprehensive plan can:
Protect Minor Children – Name trusted guardians.
Avoid Probate – Use tools like living trusts to bypass court.
Control Asset Distribution – Decide who gets what, when, and how.
Plan for Incapacity – Set up medical directives and powers of attorney.
Reduce Taxes and Fees – Strategically plan to minimize costs.
Real-Life Example: The Family That Waited Too Long
A Dallas family recently came to us after their father passed unexpectedly without a will. The probate process lasted approximately 18 months. Legal fees and court costs consumed a significant portion of the estate. Worst of all, disputes between siblings strained relationships beyond repair.
Contrast this with another client who had a comprehensive estate plan. Their family avoided probate, accessed funds immediately, and carried out her wishes without stress or conflict.
The difference? Planning ahead.
✅ “It’s too expensive.”In reality, not planning often costs families far more in legal fees, taxes, and emotional turmoil.
✅ “I don’t have enough assets to need one.”Estate planning isn’t just about wealth—it’s about control and protecting your loved ones.
✅ “I can just use a DIY will online.”DIY documents often fail to meet Texas legal requirements, leading to costly mistakes.
Don’t Wait—Protect Your Family Today
The best time to create an estate plan is before you think you need one. At BC Robertson Law, we make the process simple, compassionate, and tailored to your needs.
💡 Ready to protect what matters most?
📞 Call us today at +214-432-5972 or book your consultation online.
Your family deserves peace of mind—and you deserve to know your legacy is secure.
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