Avoid These 4 Common Mistakes in Texas Probate

 Posted on June 11, 2024 in Estate Planning and Probate

The world of probate can feel overwhelming for many families. The last thing you want is to make a mistake that could cost your loved ones time, money, and unnecessary stress. A Texas lawyer can help you prevent issues that can arise if you are unprepared or misinformed about the probate process.

Mistake #1: Not Having a Will

Creating a valid will is one of the most crucial steps in estate planning. In Texas, if you pass away without a will (known as dying “intestate”), the state’s laws determine how your assets are distributed. This can lead to unintended consequences and may not align with your wishes. By creating a clear, legally binding will, you ensure that your assets are passed down according to your desires and minimize the chances of family disputes.

Mistake #2: Failing to Update Your Estate Plan

Life is full of changes, and your estate plan should evolve alongside them. Marriages, divorces, births, and deaths are just a few of the events that may require updating your will and other estate planning documents. In Texas, failing to keep your estate plan current can result in outdated provisions, unintended beneficiaries, and potential legal challenges. Make it a habit to review and update your estate plan every few years or after significant life events to ensure it reflects your current wishes.

Mistake #3: Not Considering Probate Avoidance Strategies

Probate can be a lengthy and expensive process, but there are ways to minimize its impact on your estate. Options like revocable living trusts, pay-on-death accounts, and beneficiary designations can help certain assets avoid probate entirely. By working with an estate planning attorney in Texas, you can explore these strategies and determine which may be suitable for your unique situation. Implementing probate avoidance techniques can save your loved ones time and money, as well as the headache of a drawn-out legal process.

Mistake #4: Not Communicating with Your Family

Open communication with your family members is beneficial for estate planning and probate. Many people feel uncomfortable discussing death and finances, but having honest conversations can prevent misunderstandings and conflicts down the road. Take the time to explain your wishes to your loved ones, make sure they know where to find important documents, and consider involving them in the estate planning process. By providing transparency and collaboration, you can help your family through the probate process with greater ease.

Contact a Bexar County, TX Estate Planning Lawyer

Probate can be an emotional journey, but avoiding common mistakes can make the process smoother for your loved ones. You can work with a Wilson County, TX estate planning attorney to make the steps easier to take. Call Geoff Mayfield, Attorney at Law at 210-535-0870 to schedule a free, no-obligation consultation.