Estate Planning in Texas (Plain-English Overview)

I’m Harvey L. Cox, a Texas estate planning attorney based in Waco. This page explains estate planning in plain English—what it typically includes, what it’s designed to prevent, and the coordination mistakes that cause probate and family stress.

This is general educational information for Texas families—not legal advice.

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Quick answer: What is “estate planning”?

Estate planning is the process of putting a working system in place so that: – your wishes are clear – someone can step in if incapacity happens first – your assets transfer the way you intend – your family avoids unnecessary delay, cost, and conflict

Most problems aren’t “document problems.” They’re coordination problems—documents, titles, and beneficiary designations that don’t match.

What a basic estate plan often includes (high level)

Most Texas families need some combination of:

• A will (and often a “pour-over will” if a trust is used)
• Incapacity documents (financial POA, medical POA, HIPAA authorization, advance directive)
• Guardianship nominations for minor children (when applicable)
• A trust-based plan for probate avoidance (when it fits)
• A simple system for organizing information so your family can actually execute

What estate planning is designed to prevent

A good plan helps reduce:

• probate delays and administrative headaches
• “who’s in charge?” confusion during incapacity
• family conflict and pressure campaigns
• accidental disinheritance (especially in blended families)
• beneficiary-designation mistakes that override your documents

The 3 moving parts you must coordinate

1) Documents

Wills, trusts, powers of attorney, and medical documents.

2) Titles / ownership

How real estate and accounts are titled (individual, joint, trust, LLC, etc.).

3) Beneficiary designations

Retirement accounts, life insurance, and many financial accounts pass by beneficiary—often outside the will.

If these three parts don’t match, the plan won’t work the way most people expect.

Common estate planning mistakes I see

Mistake 1: Thinking a will avoids probate

A will usually guides the probate process; it doesn’t eliminate it for assets titled in your name alone.

Mistake 2: Creating a trust but not funding it

A trust can reduce probate exposure, but a “paper trust” that isn’t connected to assets often fails.

Mistake 3: Beneficiaries that conflict with the plan

Even a well-drafted plan can be overridden by outdated beneficiary designations.

Mistake 4: No incapacity plan

Families often focus on “death planning” and forget that incapacity is the more common trigger.

Mistake 5: Naming the wrong decision-makers (or no backups)

The “best” person isn’t always the “closest” person. I recommend naming backups and pressure-testing the choice.

Questions to ask before you choose a will-based plan vs a trust-based plan

1. Which assets would still go through probate under each approach?
2. What has to be done after signing to make the plan work (funding/coordination)?
3. Which accounts pass by beneficiary—and do those beneficiaries match the plan?
4. What happens if incapacity happens first?
5. Where is family conflict most likely, and how does the plan reduce that risk?

Next step

If you want a simple starting point, download my free Avoid Probate in Texas Starter Kit.

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Disclaimer

This website provides general educational information about estate planning and related topics for Texas families. It is not legal advice and does not create an attorney-client relationship. Legal outcomes depend on your specific facts and circumstances.