If you’ve been putting off estate planning because it feels overwhelming or you’re not sure where to start, you’re not alone. Many Houston families delay creating wills, trusts, and powers of attorney until a crisis forces their hand. But planning ahead gives you control over who receives your assets, who makes decisions if you’re incapacitated, and how your family is cared for after your death. Without an estate plan, Texas law and the courts make these choices for you, which may not reflect your wishes.
At The Law Office of Whitney L. Thompson, Houston estate planning attorney Whitney L. Thompson has helped families throughout Harris County protect their legacies and prepare for the future. Whitney began her estate planning career at Thurgood Marshall School of Law, advocating for Houston residents through the school’s wills, probate, and guardianship clinic. Our probate and estate planning lawyers understand how Texas law affects your family’s future, and we guide you through every decision with clarity and care. Whether you need a straightforward will, a complex trust structure, or planning for a family member with special needs, we provide personalized guidance tailored to your situation.
This guide explains what estate planning includes, why everyone needs a plan regardless of age or wealth, how probate works in Texas, and what documents protect your family. You’ll also learn about special considerations for families with unique needs, including special needs planning and Medicaid strategies.
Call The Law Office of Whitney L. Thompson at (281) 214-0173 to schedule a consultation and take the first step toward securing your family’s future.
Estate planning is the process of deciding who will receive your assets, who will make decisions on your behalf if you’re incapacitated, and how your family will be cared for after your death. Your estate includes everything you own: your home, vehicles, bank accounts, retirement savings, investments, life insurance, and personal belongings. Regardless of the size of your estate, planning ensures these assets pass to your chosen beneficiaries according to your wishes rather than under state intestacy laws.
Estate planning addresses two critical scenarios: what happens when you die and what happens if you become incapacitated. A complete estate plan typically includes documents like wills, trusts, financial powers of attorney, and medical directives. These documents work together to provide comprehensive protection for you and your family. Without an estate plan, the court will appoint someone to manage your affairs, distribute your property according to rigid state formulas, and even decide who will care for your minor children.
Many people assume estate planning is only for the wealthy, but that’s not true. If you own a home, have children, maintain bank accounts, or care about who inherits your belongings, you need an estate plan. The goal is to give you control and spare your family from unnecessary legal complications during an already difficult time.
Everyone needs an estate plan. Whether you’re 25 or 75, own a mansion or rent an apartment, have children or live alone, estate planning benefits you. Young adults need medical powers of attorney in case of accidents. Parents need wills to name guardians for their minor children. Homeowners need plans to transfer property efficiently. Business owners need strategies to protect their companies. The common thread is this: estate planning gives you control over important decisions that will affect you and your family when you’re not in a state to express your wishes.
Without an estate plan, Texas intestacy laws determine who inherits your property. These laws follow a strict hierarchy that begins with your spouse and children, then extends to parents, siblings, and more distant relatives. This formula may not reflect your actual goals, especially in blended families, second marriages, or situations where you want to provide for friends or charities. The probate court also appoints an administrator for your estate based on statutory priority rather than your preference, which can lead to family conflicts and delays.
Creating an estate plan now protects your family from these problems. You decide who receives your assets, when they receive them, and under what conditions. You choose who will make medical decisions if you’re unconscious and who will manage your finances if you’re incapacitated. Most importantly, you prevent your family from facing expensive court proceedings and painful disputes during an already emotional time.
Key Takeaway: Everyone can benefit from an estate plan, regardless of age or wealth. Estate planning gives you control over asset distribution and ensures your family is cared for according to your wishes, not state law formulas.
Estate plans are customized to each person’s needs, but most include several core documents that work together to cover different scenarios. These documents address what happens to your property when you die, who makes decisions if you’re incapacitated, and how you want medical treatment handled if you can’t communicate. Understanding what each document accomplishes helps you decide which ones you need.
A last will and testament is a legal document that directs how your property should be distributed after your death. In your will, you name an executor who will handle estate administration, specify which beneficiaries receive which assets, and designate guardians for any minor children.
Under Texas Estates Code § 251.051, most wills must be in writing, signed by you, and attested by two credible witnesses. Texas Estates Code § 251.052 also recognizes handwritten “holographic” wills that are entirely in your handwriting and signed, even if there are no witnesses, subject to court review.
A will takes effect only upon your death, which means it provides no help if you become incapacitated during your lifetime. Additionally, assets distributed through a will must go through probate, the court process that validates the will and supervises distribution. Probate in Texas typically takes at least six months and often longer, during which time your beneficiaries generally have limited access to probate assets until the court authorizes distributions. Despite these limitations, a will remains an essential document because it’s the only way to name guardians for minor children, and it serves as a safety net for any assets not covered by other planning tools.
A trust is a legal arrangement in which you transfer assets to a trustee who manages them according to your instructions. Living trusts (also called revocable trusts) are the most common type for estate planning because they allow you to maintain control during your lifetime while avoiding probate after your death. You can serve as your own trustee, change the trust terms at any time, and even revoke the trust entirely if your circumstances change.
The primary advantage of a trust is probate avoidance. Assets held in trust pass directly to your beneficiaries without court involvement, which saves time and money. Trusts also remain private, unlike wills, which become public record through probate. Additionally, trusts give you more control over how and when beneficiaries receive assets. For example, you can specify that a child receives funds for education at age 21 but doesn’t receive the full inheritance until age 30, or you can create ongoing support for a family member with special needs without jeopardizing their government benefits.
A financial power of attorney authorizes someone you trust to manage your finances and legal affairs if you become unable to do so yourself. This document allows your agent to pay bills, manage bank accounts, file taxes, handle real estate transactions, and make other financial decisions on your behalf. In Texas, most financial powers of attorney are durable, which means they remain effective even if you become incapacitated.
Without a financial power of attorney, your family must petition the court for guardianship if you become unable to manage your own affairs. The guardianship process can be time-consuming, expensive, and invasive because the court supervises all decisions. A properly drafted power of attorney allows your chosen agent to step in immediately when needed, avoiding these complications.
A medical power of attorney designates someone to make healthcare decisions on your behalf if you cannot communicate. This person can consent to or refuse medical treatment, choose healthcare providers, and access your medical records. Texas law allows you to give this agent broad authority or limit their powers to specific situations. Having a medical power of attorney ensures that someone you trust makes these critical decisions rather than leaving them to doctors or estranged family members.
Advance directives, also called living wills or directives to physicians, specify your preferences for end-of-life care. In Texas, this document is formally called a Directive to Physicians and Family or Surrogates. You can state whether you want life-sustaining treatment in situations where you have a terminal or irreversible condition. These instructions guide your family and doctors, sparing your loved ones from making agonizing decisions without knowing your wishes.
Beneficiary designations on retirement accounts, life insurance policies, and payable-on-death bank accounts are powerful estate planning tools because these assets pass directly to the named beneficiaries without going through probate. However, outdated beneficiary designations can undermine your entire estate plan. For example, if you created a trust to benefit your children but forgot to update the beneficiaries on your retirement accounts, those accounts will pass according to the old designations rather than according to your trust.
Review your beneficiary designations regularly and coordinate them with your overall estate plan. If you’ve divorced, remarried, had children, or experienced other major life changes, your beneficiaries may need updating. Your estate planning attorney can help ensure all your documents work together to accomplish your goals.
Here’s how wills and trusts compare:
| Feature | Will | Trust |
|---|---|---|
| When It Takes Effect | Upon death | Immediately (living trust) or upon death (testamentary trust) |
| Requires Probate | Yes | No (assets in trust bypass probate) |
| Privacy | Becomes public record through probate | Remains private |
| Control During Your Lifetime | No control over distribution timing | Can control when and how beneficiaries receive assets |
| Cost to Create | Less expensive | More expensive to establish |
| Best For | Straightforward estates, naming guardians for minor children | Avoiding probate, complex estates, ongoing asset management |
Key Takeaway: Most estate plans include a will, financial and medical powers of attorney, and advance directives. Trusts are optional but valuable for avoiding probate and maintaining privacy. The right combination depends on your family situation and goals.
Probate is the legal process through which a court validates a will, appoints an executor or administrator, and oversees the distribution of a deceased person’s assets. In Texas, probate occurs in the county where the deceased person lived. For Houston residents, this typically means filing with the Harris County Probate Courts, which handle estate, guardianship, and mental health matters. Understanding how probate works helps you appreciate why many families choose to avoid it through trusts and beneficiary designations.
The probate process begins when someone applies to probate the will with the appropriate court. Texas law gives the executor named in the will priority to serve, but if no will exists or the named executor cannot serve, the court appoints an administrator based on a statutory hierarchy. After the application is filed, the court posts public notice of the probate proceeding, which allows interested parties to object if they believe the will is invalid or have concerns about the proposed executor.
If no one contests the will, the court holds a hearing to validate the document and officially appoint the executor. The executor then takes control of estate assets, notifies creditors, pays debts and taxes, and eventually distributes the remaining property to beneficiaries according to the will’s terms. This process typically takes at least six months and often extends to a year or longer, especially if the estate is complex or disputes arise. During this time, estate assets are generally frozen, which means beneficiaries cannot access them.
Probate involves costs beyond just the waiting period. Court filing fees, publication costs, attorney fees, and executor compensation all reduce the value of the estate before distribution. Additionally, probate is a public process, which means anyone can access court records to see what you owned, who inherited it, and how much your estate was worth. Many families find this lack of privacy troubling.
Assets placed in a living trust avoid probate entirely because the trust owns the assets, not you personally. When you die, the successor trustee you named in the trust simply distributes assets according to your instructions without any court involvement. Similarly, assets with proper beneficiary designations, like retirement accounts, life insurance, and payable-on-death bank accounts, pass directly to beneficiaries outside of probate. An experienced estate planning attorney can help you structure your assets to minimize or eliminate probate while ensuring your wishes are carried out.
Key Takeaway: Probate in Texas typically takes 6-12 months and involves court supervision of estate distribution. Assets placed in a living trust bypass probate entirely, allowing faster, private distribution to beneficiaries.
If you’re concerned about probate delays, attorney Whitney L. Thompson can explain how trusts and beneficiary designations help your Houston family avoid lengthy court proceedings. Call The Law Office of Whitney L. Thompson at (281) 214-0173.
Families with children who have disabilities face unique estate planning challenges. The goal is to provide financial support for your child throughout their lifetime without disqualifying them from critical government benefits like Supplemental Security Income (SSI) and Medicaid. These programs have strict asset and income limits, and an inheritance received directly can make your child ineligible, leaving them worse off despite your good intentions.
A Special Needs Trust (SNT) solves this problem. Also called a supplemental needs trust, this legal arrangement holds assets for your child’s benefit while allowing them to remain eligible for government programs. The trust is managed by a trustee you select, who uses the funds to pay for expenses that government benefits don’t cover, such as education, recreation, therapy, travel, hobbies, and quality-of-life enhancements.
When your child turns 18, they become a legal adult, which means you no longer have automatic authority to make decisions on their behalf. If your child cannot manage their own affairs due to their disability, you may need to establish a guardianship through the court. Guardianship gives you or another designated person legal authority to make personal, medical, and financial decisions for your adult child. This process requires court approval and ongoing supervision, but it ensures your child receives necessary care and protection.
Estate planning for a child with special needs should be revisited regularly as your child’s condition, needs, and available benefits change. Laws governing government programs also evolve, which may affect your planning strategies. An attorney experienced in special needs planning can help you structure a trust that maximizes resources while preserving eligibility for the programs your child depends on.
Key Takeaway: A Special Needs Trust allows you to provide for a child with disabilities without disqualifying them from government benefits like SSI and Medicaid. The trust can cover expenses not paid by government programs, such as education, recreation, and quality-of-life enhancements.
Planning for a special needs child requires careful coordination of legal and financial strategies. Whitney L. Thompson helps Houston families create Special Needs Trusts that protect eligibility for critical benefits. Contact The Law Office of Whitney L. Thompson at (281) 214-0173 to discuss your child’s future.
Whitney L. Thompson is the owner and founding member of The Law Office of Whitney L. Thompson, PLLC, in Houston. She began her career in estate planning and probate law as a law student at Thurgood Marshall School of Law, where she advocated for residents through the school’s wills, probate, and guardianship clinic. Whitney is licensed to practice law in Texas and has dedicated her career to helping individuals and families with estate planning, probate, guardianship, and family law matters. As the first member of her family to graduate from college and a first-generation woman entrepreneur, she understands the challenges families face when facing legal issues and making important decisions about their future.
Whitney’s approach focuses on providing clients with direct, honest guidance tailored to their specific circumstances. She helps families avoid costly legal battles through proper planning, including comprehensive estate plans, medical powers of attorney, and Special Needs Trusts for families with children who have disabilities. Her courtroom experience has reinforced her belief that proactive planning today prevents heartache and expensive litigation tomorrow. The Law Office of Whitney L. Thompson serves clients throughout the Greater Houston area, including Harris, Fort Bend, Brazoria, Montgomery, Matagorda, and Wharton counties.
Elder law encompasses the legal services needed as people age, including estate planning, long-term care planning, Medicaid qualification, guardianship, and healthcare decision-making. As life expectancy increases and healthcare costs rise, more families face difficult questions about how to pay for nursing home care, assisted living, or in-home health services. Medicare provides only limited coverage for short-term skilled nursing or rehabilitation and does not pay for ongoing custodial long-term care, which means most families must either pay out of pocket or qualify for Medicaid to cover nursing home costs.
Medicaid provides coverage for long-term care, but qualifying requires meeting strict income and asset limits. In Texas, a single person generally cannot have more than approximately $2,000 in countable assets to qualify for Medicaid long-term care coverage. Certain assets are exempt from this calculation, including your primary residence (with equity limits), one vehicle, personal belongings, and prepaid funeral arrangements, but most other assets count against the limit.
The best time to plan for Medicaid eligibility is years before you need care, not in a crisis. Texas Medicaid has a five-year look-back period, which means the agency reviews all asset transfers made during the five years before your application. If you gave away assets or sold them for less than fair market value during this period, Medicaid imposes a penalty period during which you’re ineligible for benefits. The length of the penalty depends on the value of the transferred assets.
Advance planning allows you to use legal strategies like irrevocable trusts, asset repositioning, and spend-down techniques to qualify for Medicaid while preserving assets for your family. For example, you might transfer assets into an irrevocable trust more than five years before you anticipate needing care, or you might convert countable assets into exempt assets like home improvements or a more reliable vehicle.
Beyond the asset limits, Medicaid applicants must also meet income requirements. However, Texas has a Medicaid program that allows people with income above the standard limits to qualify if they set up a Qualified Income Trust (QIT), sometimes called a Miller Trust. The trust receives your income, uses it to pay your care facility costs, and distributes any remainder according to Medicaid rules.
For married couples, special rules protect the spouse who remains at home (the community spouse) from impoverishment. The community spouse can retain a certain amount of assets and income without affecting the applicant’s Medicaid eligibility. These spousal protections are complex and require careful planning to maximize what the community spouse can keep.
Key Takeaway: Medicaid planning requires advance preparation due to the five-year look-back period. Strategies like irrevocable trusts and asset transfers can help you qualify for long-term care coverage while protecting assets for your family.
If you need or foresee a need for nursing home or assisted living care, start Medicaid planning now. Houston attorney Whitney L. Thompson can evaluate your situation and recommend strategies to protect your assets while qualifying for benefits. Call (281) 214-0173 for a consultation.
Estate planning isn’t a one-time event. Your plan should evolve as your life changes, tax laws shift, and your family grows or experiences losses. As a general rule, review your estate plan every three to five years, even if nothing major has happened. This regular review ensures your documents still reflect your wishes and comply with current laws.
Major life events require immediate estate plan updates. These triggering events include:
If you’ve divorced, updating your estate plan is especially critical. Texas Estates Code § 123.001, divorce automatically revokes provisions in your will that benefit your ex-spouse, but it doesn’t automatically remove them as beneficiaries on retirement accounts, life insurance policies, or powers of attorney. You must update each of these documents separately to ensure your ex-spouse doesn’t inherit assets or gain authority over your medical or financial decisions.
When someone you’ve named as executor, trustee, guardian, or agent dies or becomes unable to serve, you should update your documents to name new fiduciaries. Otherwise, the court may need to appoint someone who doesn’t know your family or your wishes. Regularly reviewing your estate plan helps you catch these issues before they create problems.
Key Takeaway: Review your estate plan every 3-5 years and after major life events such as marriage, divorce, births, deaths, or significant changes in assets. Laws change, family circumstances change, and your plan should reflect your current situation.
When was the last time you reviewed your estate plan? Whitney L. Thompson can evaluate whether your documents still meet your family’s needs and Texas law requirements. Contact our Houston office at (281) 214-0173 to schedule a review.
The Law Office of Whitney L. Thompson serves families throughout the Greater Houston area. We handle estate planning, probate, guardianship, and related matters for residents of:
Our office is located at 4201 FM 1960 Road West, Suite 360, Houston, Texas. We understand the local court systems and have experience with filings at the Harris County Probate Courts, which handle estate, guardianship, and trust matters for Houston residents. This familiarity with local procedures helps us guide clients efficiently through estate planning and probate processes.
Planning for your family’s future can feel overwhelming. You want to make sure your children are cared for, your assets go where you intend, and your wishes are honored, but you may not know where to start or which documents you need. The decisions involved in estate planning are significant, and getting them right matters for your family’s security and future.
Houston estate planning attorney Whitney L. Thompson has helped families throughout Harris County and the Houston area create comprehensive estate plans tailored to their unique needs. At The Law Office of Whitney L. Thompson, our estate planning and probate lawyers guide you through every step, from drafting wills and trusts to establishing powers of attorney and advance directives. We handle filings with the Harris County Probate Courts, help you understand how Texas estate laws affect your family, and provide ongoing support as your life changes. Whether you need straightforward documents or complex planning strategies for blended families, business interests, or special needs dependents, we work with you to create a plan that protects what matters most.
Call The Law Office of Whitney L. Thompson at (281) 214-0173 for a consultation. Our Houston office at 4201 FM 1960 Road West serves families across Brazoria, Fort Bend, Harris, Matagorda, Montgomery, and Wharton counties. We will review your situation, answer your questions, and create a plan that protects your family’s future.
Yes. Estate planning isn’t just about wealth; it’s about control. Even young adults with modest assets benefit from having a will to direct asset distribution and name guardians for minor children. A medical power of attorney and an advance directive are equally important if you become incapacitated. Without these documents, state law and the courts will make these decisions for you.
A will takes effect only upon your death and must go through probate, which can take six to twelve months in Texas. A living trust takes effect immediately, allows you to manage assets during your lifetime, and avoids probate entirely. Trusts also remain private, while wills become public record. Most comprehensive estate plans include both: a will to cover any assets outside the trust and name guardians for minor children, and a trust to avoid probate.
Texas intestacy laws determine how your assets are distributed. Your spouse and children inherit based on rigid formulas that may not reflect your wishes. The court appoints an administrator, often based on statutory priority rather than your preference, and the process takes longer and costs more than probate with a will. Creating a will ensures you control these outcomes.
Estate planning costs vary based on complexity. A simple will may cost less than a comprehensive plan that includes trusts, powers of attorney, and advance directives. Many Houston estate planning attorneys, including The Law Office of Whitney L. Thompson, offer consultations to review your situation and provide transparent pricing. The cost of planning now is far less than the cost of probate disputes and family conflicts later.
Review your estate plan every three to five years and after major life events such as marriage, divorce, births, deaths, or significant changes in assets. Tax laws also change, which may affect your plan. An outdated estate plan can create problems, such as naming an ex-spouse as a beneficiary or failing to account for children born after the plan was created.
Probate is the court process of validating your will and distributing assets. In Texas, probate typically takes six to twelve months and involves court fees and attorney costs. You can avoid probate by placing assets in a living trust, naming beneficiaries on accounts and policies, and using payable-on-death or transfer-on-death designations. Assets that pass outside probate go directly to beneficiaries without court involvement.
Texas recognizes handwritten wills, also called holographic wills, but they must meet strict requirements to be valid. A poorly drafted will can be challenged, misinterpreted, or ruled invalid, leading to costly litigation. An experienced estate planning attorney ensures your documents comply with Texas law, reflect your wishes accurately, and coordinate with other planning tools like trusts and powers of attorney.
A power of attorney allows someone you trust to manage your financial and legal affairs if you become incapacitated. Without one, your family must petition the court for guardianship, which is time-consuming and expensive. A medical power of attorney specifically authorizes someone to make healthcare decisions on your behalf. Both documents are essential components of a complete estate plan.
A revocable living trust allows you to maintain control, make changes, and revoke the trust at any time during your life. An irrevocable trust cannot be changed once established, but it offers stronger asset protection and potential tax benefits. Most families use revocable trusts for flexibility, while irrevocable trusts serve specific purposes like Medicaid planning or reducing estate taxes.
Choose someone responsible, organized, trustworthy, and willing to serve. This could be a spouse, adult child, trusted friend, or professional fiduciary. The executor handles estate administration, files paperwork, pays debts, and distributes assets according to your will. Consider naming an alternate executor in case your first choice is unable or unwilling to serve when the time comes.
A medical directive, also called an advance directive or living will, specifies your preferences for end-of-life medical care. It addresses decisions about life support, resuscitation, and other treatments if you cannot communicate. In Texas, this document is called a Directive to Physicians and Family or Surrogates. Combined with a medical power of attorney, these documents ensure your healthcare wishes are honored.
Texas law allows you to disinherit most family members through a properly drafted will. However, you generally cannot completely disinherit a surviving spouse because they have homestead rights and a right to a family allowance. If you want to limit what your spouse inherits beyond these minimum protections, you may need a prenuptial or postnuptial agreement.
A durable power of attorney remains effective even if you become incapacitated. In Texas, most financial powers of attorney are durable by default. This ensures your agent can continue managing your affairs precisely when you need them most. Without the durable provision, the power of attorney would terminate upon incapacity, which would defeat its primary purpose.
Blended families face unique challenges, such as balancing the interests of a current spouse with those of children from prior relationships. Trusts can provide for a surviving spouse during their lifetime while ensuring assets eventually pass to your children. Clear communication and careful drafting are essential to avoid family disputes. An experienced estate planning attorney can help you structure a plan that honors all relationships.
Assets titled in your individual name with no beneficiary designation go through probate. This includes real estate, bank accounts, vehicles, and personal property. Assets that bypass probate include those in a living trust, jointly owned property with rights of survivorship, accounts with payable-on-death or transfer-on-death designations, and life insurance or retirement accounts with named beneficiaries.
