FAQ: Do I Need to Update My Estate Plan After Moving to Texas?
Short Answer: Yes. While your out-of-state estate planning documents will generally be recognized in Texas, they may not have the same effect or meet Texas-specific legal requirements. That’s why it’s essential to review and update your estate plan with a Texas estate planning lawyer after moving. The attorneys at The Ashmore Law Firm can help ensure your documents align with Texas law and still achieve your intended goals.
Why You Should Update Your Estate Plan When Moving to Texas
Each state has its own rules regarding estate planning documents — including how wills are executed, how probate can be avoided, and who can serve as a guardian or executor. Even small wording differences can create big legal consequences.
If you’ve recently moved to Texas, you should have the following documents reviewed by a Texas estate planning attorney:
Will
If you pass away before creating a new Texas will, your previous will can still be recognized — but it might not carry out your wishes exactly as intended. The best way to ensure your estate plan works under Texas law is to execute a new will with The Ashmore Law Firm.
Power of Attorney
A power of attorney must include very specific legal language to be recognized in Texas. Out-of-state forms may not be accepted by local banks, hospitals, or title companies. To avoid confusion or rejection, it’s wise to have The Ashmore Law Firm prepare a Texas-compliant statutory durable power of attorney.
Medical Forms and Directives
Advance directives, living wills, and HIPAA releases must comply with Texas state law to be valid. A Texas-specific medical power of attorney ensures your healthcare preferences are respected and your appointed agent can act without delays.
Trusts
If you already have a revocable living trust or other trust from another state, it’s important to review it with a Texas estate planning lawyer.
Texas law may provide additional benefits — including asset protection opportunities — that weren’t available in your previous state. If you own property in multiple states, a Texas attorney can help ensure proper titling and trust administration.
Designation of a Guardian
Texas allows you to name a preferred guardian should you become incapacitated — and even exclude individuals you don’t want to serve. If your old documents don’t include this, it’s worth adding this protection under Texas law.
Designation of Agent for Burial / Disposition of Remains
This Texas-specific document lets you specify how you’d like your remains handled and who should make those arrangements. It’s an important form that many other states don’t include, but one The Ashmore Law Firm can easily help you add to your plan.
Have You Moved Far Away From the People Named in Your Estate Plan?
If you’ve relocated far from your executor, power of attorney agents, or guardians, it may be time to name new representatives who live closer. Choosing local individuals or professional fiduciaries can make administration easier for your loved ones if you become incapacitated or pass away unexpectedly.
If you don’t have trusted family nearby, The Ashmore Law Firm can help you explore professional fiduciary options.
What a Texas Estate Planning Attorney Can Do for You
When you work with The Ashmore Law Firm, our experienced attorneys will:
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Review your existing estate plan for compatibility with Texas law
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Identify and correct any legal inconsistencies or outdated provisions
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Update wills, trusts, powers of attorney, and advance directives
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Adjust beneficiary designations on accounts and insurance policies
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Explain key differences between your former state’s laws and Texas estate law
Our goal is to make sure your estate plan remains valid, effective, and fully aligned with your wishes under Texas law.
Speak With an Experienced Estate Planning Lawyer in Dallas
If you’ve recently moved to Texas, The Ashmore Law Firm is here to help you protect your legacy and loved ones.
📞 Call us at 214.559.7202 or contact us online to schedule your consultation.
We proudly serve clients throughout the Dallas area with all of their estate planning needs.
