Apr 03

When Should You Update Your Estate Plan in Texas?

There is a particular kind of relief that comes with finishing your estate plan. You did the thing. You had the conversations, you made the decisions, you signed the papers. For a lot of people, it feels like something they can finally check off the list and stop thinking about.

That relief is real and well-earned. But estate planning is not actually a one-time event. It is more like a living document — something that needs to keep up with your life as your life changes.

The documents you signed five years ago reflected your life five years ago. Your family may have grown. Your assets may have changed. People you named in your plan may have moved, become ill, or died. Texas law may have changed. Any of these things can affect whether your documents still do what you intended.

Here is a practical guide to the life events that should send you back to your estate planning attorney — and what can go wrong if you wait too long.

The Life Events That Trigger a Review

1. You Got Married

Marriage is one of the most significant estate planning triggers there is. If you created your estate plan before getting married, your new spouse may not be adequately provided for — or they may be provided for in a way that conflicts with other plans you have made.

In Texas, getting married does not automatically revoke a previously executed will. Your new spouse has certain rights under Texas law regardless of what your will says, but those rights may not reflect what either of you actually wants. A new estate plan is the cleanest solution. At a minimum, you should review your existing will, your beneficiary designations on retirement accounts and life insurance, and your powers of attorney.

2. You Got Divorced

Texas law does automatically revoke any gift or appointment made to a former spouse in a will after a divorce is finalized. But that does not mean your plan is in good shape. The rest of your documents may still name your ex-spouse in significant ways. Your medical power of attorney and financial power of attorney are not automatically updated by a divorce decree. Neither are beneficiary designations on accounts outside the will.

You also need to think about who you now want to name as executor, who should make medical decisions for you if you are incapacitated, and whether any guardianship nominations need updating. Do not assume the divorce took care of it.

Our post on estate planning during divorce walks through the specific documents affected in more detail.

3. You Had or Adopted a Child

This is one of the most urgent triggers for an estate plan update, especially if you did not have a plan in place before the child arrived.

A will lets you name a guardian for your minor children — the person who would raise them if both parents died before they turned 18. Without that designation, a court makes the decision. You may have a strong preference that a court would not know about.

You should also think about what happens to your assets if they pass to a minor child. An 18-year-old receiving a substantial inheritance outright is not always the right outcome. A trust lets you set conditions — for education, for reaching a certain age, for responsible milestones — that a simple will cannot accomplish.

4. A Child Became an Adult

When your youngest child turns 18, some of your plan’s provisions may no longer make sense. Guardianship designations for minor children are no longer relevant. If you set up trusts with distributions tied to ages or life events, it may be time to revisit whether those structures still fit your family.

Your now-adult children may also be good candidates to name as executor, healthcare proxy, or agent under a power of attorney — roles they were too young to serve in when you first created your plan.

5. You Lost a Spouse or Named Beneficiary

If someone you named in your plan has died — whether that is a spouse, a child, a sibling, or anyone else — you need to update your documents. What happens to that person’s share? Does it go to their children? To the other named beneficiaries? Your documents may have default provisions that handle this, but you should not assume they match your current wishes.

The same applies to people you named as executor, trustee, or agent under your powers of attorney. If that person is gone, who steps in?

6. Your Financial Situation Changed Significantly

A major increase in wealth — an inheritance, a business sale, a real estate windfall — can change your estate planning needs substantially. Plans that did not include tax planning before may need it now. Trusts that were not necessary before may make sense now.

The same is true in the other direction. If your estate has shrunk significantly, a simpler plan may be appropriate. Either way, a material change in your financial picture is a reason to review.

7. You Started, Sold, or Changed Your Business

Business ownership is one of the most overlooked estate planning triggers. If you own a business — even a small one — your estate plan needs to address what happens to your ownership interest when you die. Without a plan, a business partnership can be thrown into chaos, a family business can end up in probate, and your co-owners may find themselves dealing with your heirs as unexpected partners.

Business succession planning is its own discipline, and it deserves dedicated attention separate from your personal estate plan.

8. You Moved to Texas From Another State

If you moved to Texas and brought estate planning documents from another state, those documents may still be valid — but they may not take full advantage of Texas law, and they may include provisions that create complications in a Texas probate.

Texas is a community property state, which changes how marital property is treated in ways that other states do not. If your existing plan was drafted in a common law property state, it is worth having a Texas estate planning attorney review it. Our post on what to do after moving to Texas covers this topic in more detail.

9. Your Relationship With a Named Person Changed

Sometimes the reason to update your plan has nothing to do with a legal event. Maybe you had a falling out with the person you named as executor. Maybe you are no longer close to a beneficiary you once were. Maybe someone you named has developed health issues that would make it hard for them to serve.

Your estate plan should reflect your actual wishes and your current relationships, not the relationships you had at some past point in time. If something has shifted significantly, it is worth a review.

10. It Has Been More Than Five Years

Even if none of the above has happened, estate planning attorneys generally recommend reviewing your plan every three to five years. Tax laws change. Texas laws change. Estate planning tools evolve. What worked well five years ago may have a better option available today.

What Can Go Wrong If You Wait

The consequences of an outdated estate plan range from minor inconvenience to serious harm. Here are the most common problems.

• Your ex-spouse ends up with your retirement account because you never changed the beneficiary designation — and the will does not control that account
• Your children receive an inheritance outright at 18 rather than at a more appropriate age because the trust provisions you intended were never drafted
• The guardian you named for your children is no longer someone you would choose, but the court has to honor your nomination
• Your executor is no longer able to serve and you never named a backup, so the court appoints someone
• A new child or grandchild is not mentioned in your documents and their share requires a court determination
• Your estate is significantly larger than when you wrote your will and a trust would have saved a meaningful amount in time and administrative cost

A Simple Checklist After Any Major Life Event

After any significant change, run through these items with your estate planning attorney:

• Will — Does it still reflect who you want to receive your assets and in what shares?
• Guardian designations — Are the right people named for any minor children?
• Executor/Trustee — Are the people you named still willing and able to serve?
• Financial power of attorney — Is your named agent still appropriate?
• Medical power of attorney — Is your named healthcare proxy still appropriate?
• Directive to physicians — Do the medical directives still reflect your wishes?
• Beneficiary designations on all accounts — Life insurance, retirement accounts, bank accounts with payable-on-death designations
• Real estate — Are any deeds or transfer-on-death designations still appropriate?

Frequently Asked Questions

Does getting married in Texas automatically change my will?

No. In Texas, getting married does not revoke an existing will. Your new spouse does have certain statutory rights under Texas law, but those rights may not match what either of you intends. Updating your will after marriage is strongly recommended.

What happens if I have another child after signing my will?

Texas has provisions for what are called pretermitted heirs — children born or adopted after a will is signed who are not mentioned in it. Under Texas law, a pretermitted child generally receives the same share they would have received under intestacy. However, this is a default rule that may not reflect your actual wishes, and relying on it is not a substitute for updating your plan.

How often should I formally review my estate plan?

As a general rule, every three to five years is a good baseline — and after any major life event. A quick review does not always mean major changes. Sometimes you sit down with your attorney, confirm that everything still looks right, and walk out with peace of mind. That is a good outcome too.

Can I update just part of my will instead of rewriting the whole thing?

Yes. A codicil is a formal amendment to an existing will. It has to meet the same execution requirements as the original will — signed in front of two witnesses. For small, targeted changes, a codicil can work well. For more substantial updates, your attorney may recommend drafting a new will entirely to avoid any confusion about which provisions control.