Estate Planning FAQs for Texas Families

Thomas-Walters Pllc is a Fort Worth estate planning law firm serving individuals and families throughout Texas. We also have offices in other states. Below are answers to the most common questions we hear from clients about wills, trusts, powers of attorney, probate, and how to protect the people you love.

What is included in a complete estate plan?

A complete estate plan in Texas typically includes a last will and testament or revocable living trust, a financial (durable) power of attorney, a medical power of attorney, a living will (also called a directive to physicians), and a declaration of guardianship if you have minor children. For Fort Worth clients who own real property, the plan should also address how that property will transfer, whether through a trust, a Lady Bird Deed, or another deed arrangement. A well-drafted plan covers both what happens after your death and what happens if you become incapacitated during your lifetime, so your family is protected in either scenario.

What is the first step in creating an estate plan?

The first step is taking stock of your goals, including what you own, who you want to provide for, and any specific concerns about family members or assets. If you have a spouse or partner, that conversation should include their wishes as well. In Fort Worth and across Texas, the most effective next step is a free consultation with an estate planning attorney, where you can share your circumstances, ask questions, and understand your options before committing to anything. Thomas-Walters Pllc offers a complimentary 15-minute phone call to help you determine the right approach. Most people find that one conversation answers far more than hours of searching online.

How much does estate planning cost in Fort Worth, Texas?

Will-based estate plans in the Fort Worth area typically range from $1,000 to $3,000, while trust-based plans generally fall between $4,000 and $7,000. The final cost depends on the complexity of your situation, your family structure, and which documents your plan requires. Many estate planning attorneys in Fort Worth, including Thomas-Walters Pllc, use a flat-fee model rather than billing hourly. That means you know the full cost upfront and won’t face unexpected charges for revisions or follow-up questions later. A free initial consultation can give you a more accurate estimate based on your specific circumstances.

How much does it cost to maintain a living trust?

Maintaining a living trust in Texas does not have to be expensive on an ongoing basis. Some firms charge separate fees for plan updates over time, but attorneys operating on a flat-fee model typically include ongoing maintenance as part of your original engagement. That means as your family grows, your financial picture changes, or Texas law evolves, your trust can be updated without additional legal fees. At Thomas-Walters Pllc, this means we offer a Lawyer for Life program that includes all future updates. In Fort Worth and across Texas, if a professional trustee is ever needed for ongoing administration in the future, those fees typically represent a small percentage of the trust assets held, often in the range of 0.5% to 1% annually.

What is the “Lawyer for Life” program at Thomas-Walters Pllc?

The “Lawyer for Life” program means that once you become a client of Thomas-Walters Pllc, you have access to the firm for the lifetime of your estate plan at no additional charge. As your family grows, your assets change, or Texas law is updated, your plan can be revised without paying new legal fees each time. For Fort Worth families and clients throughout Texas, this is a meaningful departure from the way many law firms operate, where every future revision comes with a separate bill. Estate plans frequently need adjustments over time, and knowing that future updates are included provides real peace of mind from the start.

What happens if I die without a will in Texas?

If you die without a valid will in Texas, you are considered to have died intestate, and the state distributes your estate according to Texas intestate succession laws, which may not reflect your wishes at all. In Fort Worth and across Texas, for example, a surviving spouse does not automatically inherit everything. A portion of the estate may pass to children from a prior relationship. Without a named guardian in a will, a court must also appoint one for any minor children. Having a valid will in place ensures your specific intentions are honored rather than leaving those decisions to state law.

Is a will enough, or do I need a living trust?

Whether a will alone is sufficient depends on your circumstances. A will is a solid foundation for many people, but it has real limitations worth understanding. In Texas, wills must go through probate, a court-supervised process that takes time and becomes public record. For Fort Worth families who want to avoid probate, maintain privacy, protect assets from nursing home costs, or provide for a beneficiary with special needs, a revocable living trust is often a better solution. A trust also addresses what happens if you become incapacitated during your lifetime, something a will alone cannot do. An estate planning attorney can help you evaluate which approach fits your situation.

Can I write my own will in Texas?

Texas does allow for holographic wills, which are wills written entirely in the testator’s own handwriting and signed without the need for witnesses. However, handwritten wills carry significant risks in Texas probate courts. They are more easily contested, frequently lack important provisions, and often fail to account for complex situations such as blended families, minor children, or specific assets. Errors may not surface until after your death, at which point they can no longer be corrected. Working with a licensed estate planning attorney ensures your will is legally valid under Texas law, clearly drafted, and comprehensive enough to actually accomplish what you intend.

What is a Lady Bird Deed in Texas?

A Lady Bird Deed, also called an enhanced life estate deed, lets you retain full control of your property during your lifetime while automatically transferring it to named beneficiaries upon your death, without going through probate. It is a widely used tool in Fort Worth and across Texas for homeowners who want to keep the ability to sell, mortgage, or use their property freely while still simplifying the transfer for their heirs. It is often a simpler and less expensive alternative to placing real property inside a living trust, though both approaches have advantages depending on your overall estate planning goals and family situation.

Can estate planning help my family avoid probate in Texas?

Yes. One of the primary goals of proactive estate planning in Texas is to structure your assets so that as little as possible passes through probate. Tools such as revocable living trusts, Lady Bird Deeds, Transfer on Death Deeds, and properly designated beneficiaries on retirement accounts and life insurance policies can all reduce or eliminate the need for probate. For Fort Worth families, avoiding probate means a faster, more private, and often less expensive transfer of assets to loved ones. An estate planning attorney can help you determine which combination of tools fits your specific situation and reduces the burden on your family.

How long does it take to probate a will in Texas?

The timeline depends on the complexity of the estate and whether any disputes arise. In Texas, simple estates with a valid will and no contested claims can sometimes move through probate in one to two months. Most standard cases in Tarrant County, which includes Fort Worth, fall in the six-to-twelve-month range. Estates involving family disputes, contested wills, or significant creditor claims can take longer than a year. Texas allows for independent administration in many cases, which can streamline the process considerably when all parties cooperate and the estate is well-organized from the outset.

What is a power of attorney, and why do I need one?

A power of attorney is a legal document in which you grant another person the authority to act on your behalf. In Texas estate planning, there are two types you need: a financial (durable) power of attorney covering legal and financial decisions, and a medical power of attorney covering healthcare decisions. Both are essential because they allow a trusted person to step in and manage your affairs if you become incapacitated, without requiring a court proceeding. For Fort Worth residents, having both documents in place before they are needed prevents costly and time-consuming legal processes for your family during an already difficult time.

How do I get a power of attorney for an elderly parent in Texas?

The process depends on your parent’s current mental capacity. If your parent is still mentally competent, they can voluntarily sign a power of attorney by working with a Texas estate planning attorney and signing the document in front of a notary. This is a straightforward process for Fort Worth families who act before a health crisis occurs. If a parent has already lost mental capacity, a traditional power of attorney is no longer an option. At that point, you may need to pursue guardianship or conservatorship through a Texas probate court, which is a more complex and expensive process. Early planning makes all the difference.

Can estate planning protect my assets from nursing home costs in Texas?

Thoughtful estate planning, particularly through irrevocable trusts and Medicaid asset protection strategies, can help shelter certain assets from long-term care costs in Texas. This is an especially important consideration for Fort Worth families dealing with aging parents or planning ahead for their own future care needs. Because Medicaid has a five-year look-back period on asset transfers, this type of planning is most effective when done well in advance of any anticipated need. An estate planning attorney with elder law experience can help you understand which strategies are appropriate for your situation and how much lead time you realistically have to work with.

What is a revocable trust?

A revocable trust, often called a revocable living trust, is a trust you create during your lifetime that you can change whenever needed. You remain in control of the assets placed in the trust and can update the terms, remove property, add property, or cancel the trust altogether. Many people use a revocable trust as part of a broader estate plan to help manage assets and make it easier to pass them on after death.

Can I change a revocable trust later?

Yes. One of the biggest benefits of a revocable trust is flexibility. As long as you are living and legally able to make decisions, you can usually amend the trust, change beneficiaries, update instructions, or revoke it entirely. This makes it a popular option for people who want estate planning tools that can adapt as life changes.

What happens to assets in a revocable trust?

Assets that are transferred into a revocable trust are held and managed according to the terms of that trust. During your lifetime, you usually continue to use and control those assets. After your death, the trust directs how those assets are distributed to your beneficiaries. This can help create a smoother transition and provide clearer instructions for your loved ones.

Does a revocable trust cover all of my property automatically?

No. A revocable trust only covers the assets that are actually transferred into it. If certain property is left out, that property may need to be handled through other estate planning documents or other legal processes. That is why people often use a trust together with a will and other estate planning tools to make sure everything is addressed.

What is an irrevocable trust?

An irrevocable trust is a trust that is generally meant to be permanent once it is created. After the terms are set and assets are transferred into it, the person who created the trust usually cannot simply change it or take the assets back whenever they want. Because of that reduced control, irrevocable trusts can offer benefits that revocable trusts usually do not.

Can an irrevocable trust be changed?

In most cases, not easily. An irrevocable trust is generally not something you can revise on your own after it is signed and funded. Changes may require approval from beneficiaries, court involvement, or other special circumstances depending on the situation. That is why careful planning is important before creating one.

Why would someone choose an irrevocable trust?

People often choose an irrevocable trust when they want stronger asset protection or possible tax advantages. It can also be used to provide financial support for children or loved ones in a more structured way. While it gives up flexibility, it may offer important long term benefits depending on your goals.

How can an irrevocable trust help with asset protection?

Assets transferred into an irrevocable trust are generally no longer considered your personal property in the same way. Because of that, they may be better protected from certain lawsuits, creditors, or liability risks. This is one reason professionals in high risk fields, such as doctors or attorneys, may be advised to consider an irrevocable trust as part of their planning.

Can an irrevocable trust help with taxes?

It may. Because assets placed into an irrevocable trust are typically removed from your taxable estate, they may not be subject to the same estate tax treatment after death. In some cases, it can also reduce tax exposure related to future income from those assets. Tax outcomes depend on the trust structure and individual circumstances, so legal and tax guidance is important.

Which trust gives me more control?

A revocable trust gives you much more control. You can make changes, move assets in and out, and update the plan as your needs change. An irrevocable trust gives up much of that control in exchange for possible protection and tax benefits.

Which trust is better for passing assets to family?

Both can help you pass assets to family, but they do so in different ways. A revocable trust is often used for flexibility and smoother estate administration. An irrevocable trust may be used when the goal is to protect assets, reduce taxes, or set firm rules for how and when beneficiaries receive money or property.

What is the biggest difference between a revocable and irrevocable trust?

The biggest difference is flexibility versus protection. A revocable trust is easier to change and keeps you in control, while an irrevocable trust is much harder to change but may offer stronger asset protection and tax benefits. The right choice depends on your personal goals, the type of assets you own, and how much control you want to keep.

Can I handle estate planning with you remotely if I live outside Fort Worth?

Yes. Thomas-Walters Pllc serves clients throughout all of Texas via virtual appointments, so you never need to travel to our Fort Worth office to get a complete estate plan in place. We regularly work with clients in Houston, San Antonio, Austin, Granbury, Weatherford, and across the state who want personalized estate planning counsel without the commute. Virtual consultations cover everything an in-person meeting does, including reviewing your documents, discussing your goals, and building a plan tailored to your family and financial situation. Texas law allows estate planning documents to be properly executed remotely in most circumstances, so geography is not a barrier to working with us.

Ready to put a plan in place? Contact Thomas-Walters Pllc at 817-258-5908 to schedule your complimentary consultation. The firm serves clients throughout Fort Worth, Tarrant County, and all of Texas via both in-person and virtual appointments.