Online Living Will and Trust: Key Facts You Must Know

When you hear the term online living will and trust, you probably imagine a quick, do-it-yourself process that you can complete in a weekend. The promise of saving money, doing everything from home and avoiding the hassle of hiring an attorney is definitely appealing. Yet, especially if you are in Texas or own assets there, the reality can be far more complex than filling out templates. The documents you prepare now set the stage for how your affairs will be handled if you become incapacitated or pass away. That means your decisions carry long-term consequences for your loved ones.

This post guides you through how online tools fit into estate-planning, the limitations in Texas, and how involving a qualified professional can help you get it right. After reading, you’ll better understand when an online solution is appropriate, where they fall short, and why turning to a specialist may make sense for you.

How Online Tools Work and What They Cover
Where to Ask Deeper Questions When Using an Online Approach
When Should You Hire Professional Help Rather Than Go Fully DIY?

How Online Tools Work and What They Cover

What does “online living will and trust” mean?

An online living will and trust package typically includes a website or platform that lets you answer questions via a wizard, generate a living will (advance directive) or last will and testament, possibly a revocable living trust, and downloadable documents to print and sign. In short, the online portion handles drafting and preparing documents quickly. For example, an online will platform for Texas explains you must still print, sign in front of two witnesses, and optionally notarize your will.

What the phrase suggests:

An online interface (questionnaire)
Documents generated (living will, trust, maybe power of attorney)
Ability to sign offline (or sometimes remote)
The concept of doing it without (or with minimal) attorney involvement

Why people turn to these solutions

Many people are drawn to online estate-planning tools because:

They cost less upfront than hiring a lawyer.
They can be started anytime and completed from home.
They claim to provide “state-specific” compliance for Texas or other states.
They appeal when the estate is relatively simple (home, bank accounts, minor children).

Key things online tools cover — and what they often miss

The typical package might include:

A living will or advance directive for healthcare decisions.
A durable power of attorney for finances or property.
A last will and testament naming beneficiaries, executor, guardians for children.
A revocable living trust (in some platforms) with asset distribution instructions.

But they often fall short in areas like:

Trust funding: Creating the trust is only half the work. You must transfer assets into it. Without proper funding, the trust may not avoid probate.
Texas-specific legal language: Some platforms use terminology not recognized under Texas law (for example, using “conservatorship” when Texas uses “guardianship”).
Complex family dynamics: Blended families, special-needs children, out-of-state property or business interests often require custom drafting that generic templates can’t fully address.
Updates and oversight: Online tools often provide documents once, but may not help with regular review, amendments, or monitoring changes in law.
Integration of documents: A full estate plan includes living will, trust, pour-over will, powers of attorney, guardianship plans. If one piece is weak, the plan can fail.

Making sense in Texas

Under Texas law:

A valid will must be in writing, signed by the testator, witnessed by two competent witnesses (age 14+). Notarization is optional but makes the will self-proving.
A trust is valid if it meets general trust law requirements (intent, trustee, beneficiaries, property). A revocable living trust is common.
The probate process in Texas is relatively streamlined compared to some states, but it still takes time and costs money.

Because of these factors, online tools can work for straightforward estates, but they require careful attention.

Where to Ask Deeper Questions When Using an Online Approach

Is your estate simple or complex?

Ask yourself:

Do I own real estate in multiple states?
Do I own a business or have someone who will control business interests after I’m gone?
Do I have children from different marriages, or beneficiaries with special needs?
Do I expect significant asset growth, or have substantial retirement accounts?

If the answer to any of those is yes, an online living will and trust tool may be a starting point, but relying on it alone could lead to issues. For example, an online will may not properly address naming guardians for minor children or creating a trust for their benefit under Texas law.

How confident are you in the online platform’s compliance?

Consider these questions:

Does the platform state it is specific to Texas and regularly updated to reflect Texas statute changes?
Does it include proper Texas-specific terms (for example, “Independent executor” language)? Reports have found many online wills lacked proper Texas terms.
Does it provide instructions on executing documents (signing, witnessing, notary) and include pour-over wills or trust funding steps?
Does it offer attorney review or an option to talk to a qualified professional?

The critical step of funding a trust

Many clients believe if they sign the trust documents they are done. But in Texas (and any state) the trust must be funded. Assets must be transferred into the trust. Otherwise, assets may still pass through probate.

Funding involves:

Deeding real estate into the trust (record the deed in county records)
Re-titling bank and brokerage accounts into the trust’s name
Updating beneficiary designations where appropriate
Ensuring newly acquired assets are reassigned if you change your plan

Online platforms often create the trust document but don’t fully manage the funding. That is a major risk.

The value of personalized advice

Working with a qualified estate-planning attorney adds value because they can:

Tailor documents to your family’s specific situation
Ensure all state law requirements are addressed (not just “state specific” template)
Anticipate potential conflicts, special needs trusts, business interests, blended-family issues
Review existing documents for correctness and gaps
Coordinate the whole estate-plan (trust, will, POA, health directive) rather than piecemeal

Especially in Texas, where probate is manageable but still real, having an attorney review your plan can prevent costly mistakes.

Cost-benefit comparison

Online tools often cost a few hundred dollars up front. Attorney-prepared plans can range from several hundred to several thousand depending on complexity. While cost savings matter, the mis-execution of documents can create much larger downstream costs (probate, litigation, family disputes).

When Should You Hire Professional Help Rather Than Go Fully DIY?

Situations where a DIY online living will and trust may suffice

If you have a straightforward estate with:

Your primary residence, modest bank and investment accounts
No business interests or property in multiple states
No complex family structure (no special-needs children, divorce situations, etc.)
You are comfortable reviewing documents and ensuring proper execution and funding steps

In such cases, the online option may be acceptable—but you should still understand its limitations.

Signs that professional involvement is strongly recommended

You should strongly consider hiring an attorney when:

You own real estate in more than one state
You have a business interest, partnership, or expect continued income from a business
You have a blended family, children from prior marriages, dependents with disabilities
You anticipate future tax issues, or want asset protection features
Your estate involves complex or higher-value assets or you want advanced planning features (special-needs trusts, charitable trusts, etc.)
You want assurance the trust is properly funded, and asset transfer and titling are handled correctly

How to work with a professional effectively

When you decide to engage a professional:

Choose someone experienced in estate planning, trusts and wills, ideally with Texas-law familiarity
Provide them with a full asset list: real estate, business interests, investment accounts, insurance, retirement plans
Discuss your goals: asset distribution, incapacity planning, guardianship for minors, business succession
Request draft documents, review them carefully, ask questions about funding steps, execution requirements, witnesses, notary, recordation
Understand the ongoing maintenance: how to update the plan after major life or financial changes

Final thought: cost versus risk

While the upfront cost is higher for attorney-prepared documents, the value lies in reducing the risk of error and ensuring your plans will work as intended. The phrase “online living will and trust” may sound easy, but the legal consequences of mistakes are too significant to ignore. If the documents fail, the family ends up paying more—emotionally and financially.

Conclusion

Choosing how to create your estate-planning tools requires thought. Online living will and trust platforms offer a streamlined, lower-cost entry point. But they are not a one-size-fits-all solution. Especially under Texas law where specific language, correct execution, and proper funding matter, relying solely on an online service may leave gaps.

If your estate is simple and you are comfortable with the steps involved, an online tool can work. However, if your assets, family situation or goals are more complex, you’ll benefit from professional guidance. Ultimately, the purpose of these documents is to give you and your loved ones peace of mind. Taking the time to get it right now protects that peace later.

Frequently Asked Questions

1. Can I create a fully valid living will and trust entirely online in Texas?

Yes and no. You can use an online platform to draft a living will (advance healthcare directive) and a trust document. But under Texas law you must still follow formalities — for example, a will must be printed, signed by you in front of two competent witnesses, and signed by those witnesses. A trust must be funded. Online tools help with drafting but may not address all procedural or state-specific steps.

2. What happens if I use an online trust but don’t transfer my property into it?

If you fail to transfer assets into the trust (for example, real estate held in your name, bank accounts in your name), those assets may still need to go through probate or be handled outside the trust. In short, the trust may not achieve the intended benefit of probate avoidance or seamless asset transfer.

3. How often should I review or update my trust or will created online?

You should review your estate-planning documents whenever you experience major changes: marriage, divorce, birth or adoption of children, business acquisition or sale, major asset changes, moving to a different state, or changes in health. Many online platforms send reminders, but professional review is useful to confirm you’ve addressed all implications under Texas law.

4. Are online estate-planning services as good as hiring an attorney?

Online services can work for straightforward situations, but they have limitations. They tend to use general templates that may not address unique family structures, business interests or special-needs scenarios. They often don’t include detailed asset-funding support or legal review. In many cases an attorney adds value by tailoring documents and advising on state-specific issues.

5. What should I look for in a professional estate planning attorney in Texas?

Look for someone with experience specific to wills, trusts, estate planning and Texas law. They should explain their process clearly, show examples of customized documents, advise on funding trusts, guardianship issues, incapacity planning and business succession if applicable. Ask about their review process and ongoing maintenance of your plan. Always check credentials and client reviews.

Online Living Will and Trust: What You Should Know Before Going DIY

How Online Tools Work and What They Cover