The 5 Most Common Estate Planning Mistakes in Texas (and How to Avoid Them)
- Briana Robertson
- Apr 29
- 3 min read
Estate Planning Mistakes in Texas You Don’t Want to Make
Many Texans wait too long—or trust the wrong tools—when it comes to protecting their loved ones. Whether it's forgetting to name a guardian or using an online will that doesn't hold up in court, these missteps can cost your family time, money, and peace of mind.
At BC Robertson Law, we help families across Dallas/Fort Worth avoid the most common estate planning mistakes in Texas. Here’s what to watch for—and how to fix it.
1. Not Updating Your Estate Plan After Major Life Changes
Life moves fast. And your estate plan should keep up.
Common life events that require updates:
Marriage, divorce, or remarriage
Birth or adoption of children
Death of a loved one
Buying or selling property
Changes in financial status
Real Case: A man passed away with his ex-wife still listed on his will and insurance policies. His children had to fight through probate to claim what was rightfully theirs.
✅ Pro Tip: Review your plan every 3–5 years or after any major event.
2. Using DIY Wills That Don’t Comply with Texas Law
Online will kits might seem convenient—but they often miss critical legal elements required under Texas law.
Risks of DIY wills:
Missing legal clauses
Improper witnessing or notarization
Conflicting asset instructions
No backup plan for guardians or executors
Real Case: A family submitted a DIY will to probate court—only to have it rejected due to missing signatures. The estate went into intestate succession, meaning the state decided who got what.
✅ Pro Tip: Work with an experienced Texas estate planning attorney who ensures everything is legally sound.
3. Failing to Name Guardians for Your Children
If you have children under 18 and don’t name a guardian, the court decides who will raise them.
Why naming a guardian matters:
Ensures your child is raised by someone you trust
Prevents custody battles between relatives
Can be paired with a trust to manage finances for your child
Real Case: Two parents died unexpectedly. Their children were placed in state custody for weeks while relatives argued over guardianship.
✅ Pro Tip: Include legal guardian nominations in your will and discuss your wishes with the person you choose.
4. Forgetting Powers of Attorney and Medical Directives
Estate planning isn't just about what happens after death—it's also about incapacity planning.
Documents you need:
Financial Power of Attorney
Medical Power of Attorney
Advance Directive (Living Will)
HIPAA Authorization
Real Case: A stroke left a woman unable to make decisions. Her adult children had to go to court to get permission to manage her accounts and medical care.
✅ Pro Tip: These documents ensure someone you trust can act on your behalf without going to court.
5. Thinking “I Have Time…”
The most dangerous mindset? Thinking estate planning can wait.
The truth:
No one can predict a medical emergency or sudden death
If you’re incapacitated without documents in place, it’s too late
Waiting increases the risk of losing control over your assets and family decisions
Real Case: A 40-year-old father died unexpectedly. With no plan, his wife had to endure a costly, year-long probate process while grieving.
✅ Pro Tip: If you’re reading this, the best time to plan is now.
✅ Texas Estate Planning Mistakes Checklist Here’s a quick checklist to help you avoid the most common estate planning errors: |
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💬 Don’t Make These Mistakes — Get Peace of Mind Today
At BC Robertson Law, we make estate planning simple, affordable, and personalized for Texas families. For just $50, you can schedule a consultation and get clear answers on how to protect your loved ones.
🔒 That $50 goes toward any plan you choose.
✅ Book Your Consultation Now and avoid the estate planning mistakes most Texans don’t see coming.
📍 Serving Dallas, Fort Worth, and Surrounding Texas Communities
BC Robertson Law | Estate Planning Attorney in Dallas, Texas
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