Updating Your Estate Plan in Texas: Key Times and Reasons

Updating your estate plan in Texas may not seem urgent, but neglecting it can lead to serious issues down the road. Life changes quickly—marriage, divorce, the birth of a child, or even relocating can all make your existing documents outdated. If your estate plan doesn’t match your current circumstances, your assets could end up in the wrong hands or tied up in court. By regularly updating your estate plan in Texas, you ensure your wishes are honored, your loved ones are protected, and your legacy stays intact.

Why Updating Your Estate Plan Matters

An outdated estate plan often causes confusion. People move. Relationships change. New laws affect how property gets taxed or transferred. A plan that once fit your life perfectly may now create problems.

Some risks of not updating your plan include:

Leaving assets to someone who is no longer in your life
Appointing guardians or executors who are no longer able to serve
Missing opportunities for better tax treatment
Failing to plan for new children or grandchildren

Regular updates allow your plan to work the way you want it to when it matters most.

Major Life Events That Should Trigger an Update

Several life events should push you to review your estate documents. Below are the most common reasons Texans update their plans.

1. Marriage or Divorce

Marriage often creates new legal and financial ties. Update your will, powers of attorney, and beneficiary designations to reflect your spouse. If you divorce, change your documents right away. Failing to do this could result in your ex receiving part of your estate or having legal authority in your healthcare decisions.

Texas law removes former spouses from wills and certain account designations, but it’s still safer to make clean updates.

2. Birth or Adoption of a Child

Welcoming a child changes everything. Update your plan to name a guardian in case something happens to you. Review your life insurance and add a trust to protect their inheritance. Many parents create separate trusts to control when and how children receive money.

If you adopt or gain stepchildren, they may not automatically inherit unless you include them in your documents.

3. Death of a Beneficiary or Executor

If someone named in your plan dies or becomes incapacitated, update your plan to name a new person. This includes backup guardians, trustees, and healthcare agents. You want people you trust—and people who are still living—to handle these roles.

4. Big Changes in Assets or Income

Selling property, buying a home, inheriting wealth, or starting a business can all affect your estate plan. Texas allows you to leave property to anyone you choose, but you must list assets accurately.

If you no longer own something listed in your will, the court may not pass it to your intended beneficiary. Always update asset lists when you make big financial changes.

5. Retirement or Moving to a New State

When you retire, your income sources shift. You may receive Social Security, draw from retirement accounts, or cash in annuities. These changes affect tax planning and beneficiary needs.

If you move out of Texas or into it, review your estate plan with a local attorney. States handle wills, community property, and probate differently. Texas, for instance, is a community property state, and some other states are not.

6. Tax Law Changes

Estate tax laws shift over time. While Texas has no state estate tax, federal law does apply. If Congress changes the exemption amount or rules about gifting, your plan may need a revision to avoid unnecessary taxes.

An outdated trust could miss out on protections now available under updated laws.

How Often Should You Review Your Plan?

Even if no major event occurs, it’s still smart to review your estate plan every three to five years. This gives you a chance to:

Refresh contact details
Reevaluate guardians or power of attorney choices
Make sure your wishes still match your current lifestyle
Reflect any recent legal or tax rule updates

Treat your estate plan like a living document. Keep it active, relevant, and useful.

What Documents to Review and Update

Texas estate plans often include several legal documents. Each one needs regular attention to stay effective.

Will

Review your beneficiaries, executor, and any property-specific gifts. Make sure everything still matches your wishes.

Durable Power of Attorney

This document allows someone to handle your financial matters if you become incapacitated. Name someone you trust, and make sure they’re still able and willing to act on your behalf.

Medical Power of Attorney

This appoints someone to make healthcare decisions for you if you can’t speak for yourself. Reassess your choice if your relationship with that person has changed.

Advance Directive

Also called a living will, this outlines your end-of-life medical preferences. If your views have changed, revise the document.

Trusts

If you’ve set up a trust, check the trustee, beneficiaries, and distribution instructions. Trusts often hold large assets like life insurance, real estate, or investments. Make sure your instructions match your current wishes.

Beneficiary Designations

Accounts like life insurance, IRAs, and 401(k)s often pass outside of a will. That means whoever is listed on the account gets the money—no matter what your will says. Review these regularly to avoid accidental gifts to exes or estranged family members.

Mistakes to Avoid When Updating Your Estate Plan

Some people forget to notify others after updating their documents. Others leave behind two versions of the same document, causing confusion during probate. Avoid these common problems:

Failing to destroy outdated wills
Not giving copies to key people (like your executor or attorney)
Forgetting to update all versions of the plan (including digital accounts)
Ignoring beneficiary forms on retirement and insurance accounts

Always work with a qualified Texas estate planning attorney. They can guide you through updates and help you file everything properly with the court if needed.

Final Thoughts

Updating your estate plan in Texas is essential to ensure it matches your current life and protects the people you care about. Major events like marriage, divorce, the birth of a child, acquiring new assets, or even moving can make your plan outdated. While Texas law allows you to control how your assets are distributed, that control only holds if your documents stay current and legally valid. Regularly reviewing and updating your estate plan in Texas helps prevent confusion, honors your wishes, and shields your loved ones from unnecessary legal disputes after your passing.

FAQs

What happens if I don’t communicate the changes in my estate plan to my loved ones?

Failing to communicate the changes in your estate plan to relevant individuals can lead to confusion and potential disputes after your passing.

Will updating my estate plan affect my taxes?

Updating your estate plan can have implications for taxes, especially for larger estates. By working with an estate planning attorney, you can explore strategies to minimize estate taxes and take advantage of any tax benefits available under current laws.

How often should I review and update my estate plan?

It is generally recommended to review your estate plan every few years or when significant life events occur. Regularly reviewing and updating your plan ensures it remains current and reflective of your wishes.

What if my chosen executor, trustee, or guardian is no longer suitable?

If your designated executor, trustee, or guardian is no longer suitable or willing to fulfill their role, it is important to update your estate plan.

How do I update beneficiary designations on my accounts?

To update beneficiary designations on accounts such as life insurance policies, retirement accounts, or payable-on-death (POD) accounts, contact the account holder or administrator and request the necessary forms to update your beneficiaries.

The Importance of Updating Your Estate Plan in Texas: When and Why You Should Do It

Why Updating Your Estate Plan Matters