5 Estate Planning Mistakes in Texas (And How to Avoid Them)
- Stephanie Fernald
- Jun 15
- 3 min read
Estate planning is one of the most important things you can do for your family—but many Texans either delay it or make critical mistakes that can cost their loved ones time, money, and peace of mind.
At BC Robertson Law, we’ve helped countless clients correct these common errors. But the truth is, avoiding mistakes from the start is far more affordable—and far less stressful.
Here are the top five estate planning mistakes we see in Texas (and how to make sure they don’t happen to you).
Estate Planning Mistakes in Texas
❌ Mistake #1: Not Having an Estate Plan at All
This is by far the most common—and most devastating—mistake.
What happens if you die without a will or trust in Texas? The state takes over. Your estate will be distributed according to Texas intestacy laws, which may not reflect your wishes. Your loved ones could spend months in probate, and the court—not you—will decide who raises your children and manages your assets.
How to avoid it: Start now. Even a basic estate plan with a will, powers of attorney, and a plan for minor children is better than nothing.
❌ Mistake #2: Failing to Update Your Plan After Major Life Events
An estate plan is not a “set it and forget it” document. As life changes, so should your plan.
Common life changes that require updates:
Marriage or divorce
Birth or adoption of children
Death of a loved one
Acquiring new property or assets
Moving to or from Texas
Outdated documents can lead to serious confusion and unintended consequences.
How to avoid it: Review your estate plan at least once every 2–3 years, or immediately after any major life event.
❌ Mistake #3: DIY Wills or Online Templates Without Legal Review
Online forms and DIY estate planning kits may seem convenient—but they often lack critical legal language required in Texas. Worse, they may not be valid at all under Texas law.
We’ve seen situations where:
Signatures weren’t properly witnessed or notarized
Key provisions were missing
Documents conflicted with Texas statutes
Ambiguities led to probate litigation
How to avoid it: Work with an experienced Texas estate planning attorney who can customize documents to your specific needs—and ensure they’re legally enforceable.
❌ Mistake #4: Forgetting to Name Powers of Attorney
Estate planning isn’t just about what happens after you die—it’s also about what happens if you become incapacitated.
Without powers of attorney:
No one can legally make medical decisions for you
No one can access your bank accounts, pay your bills, or manage your business
Your family may have to go to court for guardianship
How to avoid it: Include a medical power of attorney, durable (financial) power of attorney, and a HIPAA release form in your estate plan.
❌ Mistake #5: Not Planning for Minor Children
If you have children under 18 and haven’t named a guardian in your will, a judge will decide who raises them if something happens to you. That decision might not align with your wishes—or your family’s values.
How to avoid it: Name both primary and backup guardians in your will. Also consider a trust to manage your child’s inheritance until they reach a responsible age.
BONUS MISTAKE: Thinking “I Have Time…”
It’s human nature to put off things that feel uncomfortable or far away. But none of us knows what tomorrow holds.
Procrastination is the #1 reason families end up in crisis after a loved one passes.Planning ahead is one of the most generous, protective things you can do for the people you love.
How BC Robertson Law Can Help
We make estate planning approachable, efficient, and legally sound. Our flat-fee packages and compassionate approach mean you get everything you need—without the stress or uncertainty.
📌 Don’t wait until it’s too late. Avoid these costly estate planning mistakes and give your loved ones the clarity they deserve.
📅 Book your consultation with BC Robertson Law today and let’s build a plan that works for your life.
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