How Do I Get Started With My Estate Plan in Texas?

Frequently Asked Questions For The Ashmore Law Firm about Estate Planning in Texas

Beginning the estate planning process can feel overwhelming. In Texas, the first step is understanding your goals, your assets, and how state law affects your planning choices. Below are key questions to help you prepare before meeting with an experienced estate planning attorney.


What are my goals and objectives in estate planning?

Before any documents are created, take time to identify what you want your estate plan to accomplish. Common objectives include protecting loved ones, avoiding unnecessary taxes, planning for incapacity, transferring property efficiently, and ensuring your wishes are honored.


What does my estate consist of?

Your estate includes everything you own. This can include homes, land, vehicles, bank accounts, retirement accounts, investment portfolios, business interests, life insurance, personal belongings, and even digital assets. Knowing what you own helps determine what planning tools will be most effective.


What are probate and nonprobate assets?

Some assets must go through probate while others transfer automatically.

Probate assets often include real estate titled in your name only, bank accounts without beneficiaries, and personal property.
Nonprobate assets typically include life insurance with named beneficiaries, retirement accounts, payable on death accounts, and any property already placed into a trust.

Understanding the difference is important because it affects how and when your beneficiaries receive their inheritance.


Which assets are community property and which are separate property?

Texas is a community property state, which means most property acquired during marriage is jointly owned. Separate property generally includes assets owned before marriage or anything received as a gift or inheritance. Correct classification is vital for accurate estate planning and can affect how assets are distributed.


Helpful Resource to Begin Your Planning

You can prepare by reviewing and printing our Estate Planning Checklist. It will guide you through the information and documents you should gather before your consultation.

Lori Ashmore Peters
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20+ year Super Lawyer helping families in Dallas, HP & all DFW with Estate Planning, Probate, & Litigation