The blog functions as an educational hub covering estate planning, probate, guardianship and fiduciary litigation topics. The blog offers actionable tips and invites readers to contact the firm for personalized advice about how our general tips and information may apply to your situation.. Posts span topics ranging from tax considerations to powers of attorney and mediation options.
Articles & Resources
From the Library of Hardie Alcozer
At a glance
04/03/26
Why You Shouldn’t Use an AI Will
AI will-writing tools are everywhere, and the appeal is obvious—fast, cheap, and available at 2 a.m. But a will that isn’t properly drafted and executed under Texas law isn’t just imperfect. It may be completely invalid. This post walks through what Texas actually requires for a valid will, where AI tools fall short, and why working with an estate planning attorney gives your family the protection they actually need.
04/03/26
How Divorce Affects Your Estate Plan in Texas
The paperwork involved in a divorce is substantial. By the time the decree is signed and the dust settles, most people are ready to be done with legal documents for a while.
But there is one set of documents that gets overlooked in almost every divorce: the estate plan.
Texas law does provide some automatic protections when a marriage ends. But “some” is not the same as “all,” and the gaps in what the law covers automatically can create significant problems — sometimes years later.
This post focuses on what happens after the divorce is finalized. If you are currently in the middle of a divorce and need to understand what happens to your documents during the process, our earlier post on estate planning during divorce covers that ground.
What Texas Law Automatically Changes After Divorce
Under the Texas Estates Code, a final divorce decree automatically revokes the following provisions in a will that were made in favor of a former spouse:
Any bequest of property to the former spouse
Any appointment of the former spouse as executor or trustee
Any appointment of the former spouse as guardian
Any grant of a power of appointment to the former spouse
In other words, if your will left your estate to your spouse, named your spouse as executor, and named your spouse as guardian of your children, a divorce decree wipes all of those provisions out. The will is then read as if your former spouse had died before you.
This default protection is useful, but it creates its own problem: after those provisions are stripped out, what does your will actually say? In many cases, the will falls back to a secondary distribution plan — or, if there is no secondary plan, to intestacy. You may not know what that outcome looks like until someone sits down and reads the document carefully.
What Texas Law Does NOT Automatically Change
Here is where things get complicated. The automatic revocation under the Texas Estates Code applies to your will. It does not apply to everything else.
Retirement Account Beneficiary Designations
Your 401(k), IRA, and other retirement accounts transfer based on the beneficiary designation on file with the plan administrator — not based on your will, and not automatically updated by a divorce decree. Federal law governs most employer-sponsored retirement plans, and federal law does not have the same automatic revocation rule that Texas has for wills.
This means that if you never updated the beneficiary designation on your 401(k) after your divorce, your ex-spouse may still be in line to receive it when you die. Courts have consistently upheld beneficiary designations even when they clearly conflict with a decedent’s post-divorce intentions.
Update your retirement account beneficiary designations. Do not assume the divorce handled this.
Life Insurance Beneficiary Designations
Same issue. Life insurance passes by beneficiary designation, outside of your will. Texas did pass a statute that may revoke a designation in favor of a former spouse in some circumstances, but the law has exceptions and does not apply in all situations. Do not rely on the statute to do the work for you. Call your insurance company and update the designation yourself.
Powers of Attorney
This is the one that surprises people most. Your statutory durable power of attorney — the document that gives someone authority to manage your finances if you are incapacitated — does not automatically get revoked by your divorce in the way your will does. It depends on the specific language in your documents.
At Hardie Alcozer, the powers of attorney we prepare include language that specifically addresses a divorce — the designated agent’s authority is revoked upon entry of a divorce decree. But not all documents are drafted this way. If your power of attorney was prepared elsewhere, or was executed years ago, review it carefully.
More importantly, even if your ex-spouse’s authority is removed by the document’s language, you now have a power of attorney that names no one. That means you have no agent — and if something happens to you before you sign new documents, your family would be in the same court-involvement situation as someone with no documents at all.
Medical Power of Attorney
The same logic applies to your medical power of attorney. The document may revoke your ex-spouse’s authority upon divorce — but you need someone new named. Who do you now trust to make healthcare decisions for you if you cannot make them yourself?
Trust Documents
If you have a revocable trust, the divorce does not automatically change its terms. Your ex-spouse may still be named as co-trustee, successor trustee, or beneficiary in the trust document itself. These provisions need to be reviewed and updated expressly.
Accounts With Payable-on-Death Designations
Bank accounts and brokerage accounts with payable-on-death designations work like insurance and retirement accounts — they transfer by designation, not by will. Check every account you hold and update designations where needed.
The Post-Divorce Estate Plan Checklist
After your divorce is finalized, work through these items:
Will — Does the remaining distribution plan make sense now that your ex-spouse’s provisions are revoked? Who is now your executor?
Retirement account beneficiaries — Update every account (401k, IRA, pension) with the plan administrator directly
Life insurance beneficiaries — Contact every insurer and update the designated beneficiary
Financial power of attorney — Name a new agent; do not leave this blank
Medical power of attorney — Name a new healthcare proxy
Trust documents — Review for any provisions that still name your former spouse
Payable-on-death accounts — Update at each bank and brokerage
Guardian designations — If you have minor children, confirm your guardian designation reflects your current wishes
What About Children From the Marriage?
If you and your ex-spouse have children together, the guardian designation in your will is unlikely to be relevant during your ex-spouse’s lifetime — because the other biological parent typically has parental rights that take priority. Your guardian designation matters most in the scenario where both parents are gone.
Think carefully about who you would want to raise your children in that scenario. That person may or may not be the same person you would have chosen before the divorce. Update your designation to reflect your current wishes.
You should also think through how your estate passes if your children are minors. Do you want your ex-spouse to manage the money that passes to your children? A trust with an independent trustee can address this concern.
Frequently Asked Questions
How long after a divorce should I update my estate plan?
As soon as possible after the decree is entered. You can begin the process while divorce proceedings are underway, and you should prioritize it once the divorce is final. Your existing documents may have gaps or gaps that leave you without any designated agent for financial or medical decisions.
What if my divorce included specific property division terms? Do those override my estate plan?
A divorce decree can address specific property divisions, and those terms are enforceable. But the decree does not rewrite your estate plan for you — it addresses the property division between you and your ex-spouse, not what happens to your estate when you die. You still need to update your estate plan separately.
Can I change my will before the divorce is finalized?
Yes. In Texas, you can update your estate plan during a divorce proceeding. Some people choose to do so immediately after separating rather than waiting for the divorce to be finalized. If you have concerns about your current documents during the divorce process, speak with an estate planning attorney about your options.
What if I remarry after divorce?
Remarriage triggers the same review need as any other major life event. Your new spouse may or may not be adequately provided for under your existing post-divorce plan. Texas also has community property implications for property acquired during a new marriage. Estate planning for blended families — including stepchildren and children from prior relationships — has its own set of considerations. We cover those in our post on estate planning for blended families.
04/03/26
Can You Contest a Will in Texas? What You Need to Know
A will contest is a legal challenge to the validity of a will. In Texas, you can contest a will if you have standing — meaning you have a financial stake in the outcome — and valid legal grounds, such as lack of testamentary capacity, undue influence, fraud, or improper execution. The process takes place in probate court and can be lengthy. This post explains who can contest a will, what grounds the courts recognize, how the process works, and how thoughtful estate planning can reduce the likelihood of a contest in the first place.
04/03/26
What Happens If You Die Without a Will in Texas?
Dying without a will in Texas is called dying “intestate.” When that happens, the Texas Estates Code takes over and decides who gets your property based on a fixed set of rules — not your wishes. Depending on your family situation, the results can be surprising and sometimes painful. This post explains how Texas intestacy laws work, who gets what, and why having a real estate plan matters.
02/26/26
Why an Attorney Should Prepare Your Texas Estate Gift Tax Returns
Let’s be honest, most people do not spend their free time thinking about gift tax returns. You give your daughter money for a house down payment, help a grandchild with college tuition, or transfer a piece of family property, and you assume everything is fine. In many cases, it is.
12/20/24
Understanding MERP Claims: What You Need to Know
Digest The Medicaid Estate Recovery Program allows states to seek repayment for long‑term care costs from a recipient’s estate after death. The post explains who is subject to MERP, which assets are recoverable, possible exemptions and why proactive planning is vital. Navigating Medicaid here in Texas and its associated programs can be daunting. One such […]
12/06/24
Guardian of the Estate vs. Management Trust
When someone is declared by a court to be incapacitated as part of a guardianship proceeding, Texas law provides two primary methods for managing their finances and property. These are: the guardianship of the estate and the management trust.
11/15/24
Essential Steps to Take Before Starting Probate
Navigating the aftermath of a loved one’s death can feel overwhelming. The blend of grief and the complex legal tasks that follow can make this difficult time even more challenging. However, understanding the necessary steps to take before starting the probate process can help ease your burden and provide clarity.
11/11/24
Do I Need an Attorney if I’m Named Executor/Trustee?
Taking on the role of an executor or trustee is an important responsibility, but it doesn’t have to be overwhelming. Understanding the risks and complexities involved can help you feel more confident and prepared as you navigate the process.
11/08/24
Trustee Troubles: Pitfalls and Responsibilities in Trust Management
Trusts are established to manage assets for beneficiaries according to specific instructions laid out by the grantor (the creator of the trust), ensuring the goals of the grantor are protected and most importantly carried out in the way they wanted.
11/01/24
The Balancing Act: Navigating the Challenges of 50/50 Business Partnerships
Business partnerships can be immensely rewarding, but disputes among partners can be a massive headache and are more common than you might expect. Even the closest of partners may have disputes, therefore; it’s essential to understand your rights and options if tensions start to rise.
10/25/24
Resolving Trust Disputes: Rights, Modifications, and Mediation
Trust disputes are emotionally challenging and legally complex, especially when the intentions of the trust and the responsibilities of trustees come into question. At Hardie Alcozer, we understand the sensitivity of these situations and have helped countless individuals navigate similar challenges.
10/18/24
Navigating Guardianship: Roles, Responsibilities, and Key Decisions
Guardianship is a legal arrangement designed to protect individuals who are unable to make decisions for themselves due to incapacity.
10/15/24
Power of Attorney Disputes: Understanding Roles, Responsibilities, and Red Flags
Powers of Attorney (POA) are powerful legal tools designed to delegate authority from one person (the principal) to another (the agent). However, disputes can arise when the boundaries of this authority are misunderstood or breached.
10/11/24
True Link Visa Prepaid Cards: Empowering Independence While Ensuring Financial Safety
Managing finances can be challenging under the best of circumstances, but when someone is experiencing diminished capacity, the risks can become more pronounced. Ensuring financial safety while preserving a person’s independence is a delicate balance.
10/04/24
Navigating Medicaid in Texas: What You Need to Know
Understanding Medicaid eligibility for nursing home care can feel overwhelming, but it’s essential for accessing the support you or your loved ones may need. Medicaid is a vital program that helps individuals with limited financial resources cover long-term care expenses, including nursing home services.
09/27/24
Prepare for the Great Wealth Transfer
The biggest wealth transfer in history is happening right now, and it’s a bit like watching a giant handoff in a relay race—except many families haven’t started warming up yet! With baby boomers set to pass down a staggering $68 trillion in the coming years, you’d think everyone would be ready to grab the baton.
09/20/24
Don’t Forget About the Kiddie Tax!
Before 1986, parents could take advantage of a loophole in the tax code to lower their investment income tax liability by transferring investments to their children’s names. This way, the investment income would be taxed at the child’s more favorable ordinary income rate rather than the parents’ higher rates.
09/13/24
Durable and Medical Powers of Attorney: What can they do?
A power of attorney is a well-known, powerful tool that allows you to give another person the power to make important decisions for you when you are unable to do so yourself. The person who gives their decision-making power to someone else is called the “principal” and the person who accepts the decision-making power is the “agent.”
09/06/24
Understanding Contingency Representation: What You Need to Know
When navigating the legal world, you might come across the term “contingency representation.” This type of legal arrangement offers a unique payment structure, particularly for those who can’t afford upfront legal fees. Car accident cases are the most common examples of claims that are pursued on a contingency basis.