Estate Planning Mistakes in Texas (And How to Avoid Them)

Estate planning isn’t just for the wealthy or elderly—it’s a crucial step for anyone who wants to protect their family, their assets, and their peace of mind. Unfortunately, many Texans make simple but devastating mistakes when creating their estate plans. These errors can lead to unnecessary court battles, higher taxes, and loved ones left in the lurch.

At BC Robertson Law, we’re here to help you avoid these common pitfalls and build a rock-solid plan that stands the test of time.

5 Estate Planning Mistakes in Texas

Below is a list of the 5 estate planning mistakes in Texas and how to avoid them.

Mistake #1: Failing to Update Your Estate Plan

Life changes—your estate plan should too. Marriage, divorce, children, a new home, or even changes in tax law can make your old plan outdated.

Why it’s a problem: An outdated plan can leave assets to unintended heirs, fail to protect new family members, or create tax issues.

How to avoid it: Review your estate plan every 3–5 years or after any major life event. BC Robertson Law offers estate plan reviews to ensure your documents still reflect your wishes.

Mistake #2: Relying on DIY Online Forms

Those “one-size-fits-all” online will templates may seem convenient, but they rarely account for Texas-specific laws or your unique situation.

Why it’s a problem: Improperly executed documents may be invalid in Texas courts, leaving your family unprotected.

How to avoid it: Work with an experienced estate planning attorney who understands Texas law. Customized planning saves time, money, and heartache later.

Mistake #3: Forgetting About Incapacity Planning

Estate planning isn’t just about what happens after you pass away—it’s also about protecting you while you’re alive.

Why it’s a problem: Without powers of attorney or healthcare directives, your family could face costly and stressful guardianship proceedings if you’re incapacitated.

How to avoid it: Include documents like a durable power of attorney, medical power of attorney, and a living will in your estate plan.

Mistake #4: Overlooking Beneficiary Designations

Many people don’t realize that assets like life insurance, retirement accounts, and payable-on-death (POD) bank accounts pass directly to named beneficiaries—regardless of what your will says.

Why it’s a problem: If your beneficiary designations are outdated, your assets could end up in the wrong hands.

How to avoid it: Regularly review and update your beneficiary designations to align with your overall estate plan.

Mistake #5: Not Planning to Avoid Probate

In Texas, probate can be time-consuming, expensive, and public. While it’s more streamlined here than in some states, avoiding probate is often still preferable.

Why it’s a problem:Your family may face delays accessing funds and increased legal fees.

How to avoid it: Consider using tools like revocable living trusts, joint ownership, and transfer-on-death deeds to keep assets out of probate.

Don’t Let These Mistakes Cost Your Family

Your estate plan should give your loved ones peace of mind—not headaches and court battles. At BC Robertson Law, we design comprehensive estate plans tailored to your unique needs, ensuring your legacy is protected.

📞 Call us today at 214-432-5972 or book your estate planning consultation online. The best time to plan is now—before it’s too late.

Get Started