By Lori Ashmore Peters, Managing Attorney & Head of Estate Planning and Probate at The Ashmore Law Firm, P.C. — Recognized in The Best Lawyers in America® for Trusts and Estates | Texas Super Lawyer®, Estate Planning and Probate (2012–2026) | Martindale-Hubbell® AV Preeminent® (2022–2026)

What is included in a Texas will package?

A Texas will package is the foundational tier of a complete estate plan — eight coordinated documents that every Texas adult needs: a Last Will and Testament, Statutory Durable Power of Attorney, Medical Power of Attorney, Directive to Physicians (Living Will), Declaration of Guardian for yourself, Declaration of Guardian for Minor Children, HIPAA Authorization, and Disposition of Remains. Together they control how your property, health care, minor children, and final wishes are handled if you become incapacitated or pass away. Families with taxable estates, business interests, blended families, or special-needs beneficiaries typically layer trusts and other planning vehicles on top of the will package. At The Ashmore Law Firm, P.C. in Dallas, estate planning attorney Lori Ashmore Peters prepares Texas will packages for families across the Dallas–Fort Worth metroplex through a six-step process that includes a draft review before you sign and an optional family meeting to explain your goals to your spouse, children, or blended family. Call 214-559-7202 to schedule a consultation.

Why Just a Will Is Not Enough in Texas

Many Dallas families believe that signing a will is the same as having an estate plan. It is not. A will only speaks after you die — and only for assets that pass through probate. It does nothing if you are hospitalized, mentally incapacitated, or unable to communicate. Texas law lets you plan for those situations too, but only through separate, properly executed documents.

A will package solves that gap. It combines your Last Will and Testament with seven supporting documents that give named agents clear authority over your finances, medical care, minor children, protected health information, and final arrangements. Signed and witnessed under Texas law, the package gives your family a roadmap instead of a courtroom.

“Many people think a will is all they need, but ancillary documents are just as vital. These documents — like powers of attorney, healthcare directives, and living wills — ensure that your wishes are respected if you can’t speak for yourself. They also help your loved ones avoid confusion, conflict, and costly delays. A complete estate plan gives you peace of mind knowing every detail is covered.”


— Lori Ashmore Peters, Managing Partner at Ashmore Law Firm, P.C. 

What Is Included in The Ashmore Law Firm Will Package

Each document below is defined under Texas law, translated into plain English, and illustrated with a short scenario drawn from the kinds of situations Dallas families actually face.

1. Last Will and Testament

Legal definition. Under Texas Estates Code Chapter 251, a Last Will and Testament is a written instrument, signed by a competent adult and witnessed by two credible witnesses over the age of 14, that directs how the testator's probate estate is distributed at death and names the executor who will carry out those instructions.

Why you need it, in plain English. It is the document that tells a Texas probate court who gets your stuff, who is in charge, and — if you have minor children — who you want raising them. Without it, the Texas Estates Code decides for you, and it very rarely lands where you think it will, especially in blended families. Poorly drafted or ambiguous wills are also one of the leading causes of will contests in Dallas County probate court.

What happens without it. Consider a Lakewood couple in a second marriage, each with children from prior relationships. If the husband dies without a will, Texas intestacy splits his community property share and separate property between his spouse and his biological children under strict statutory shares — his stepchildren receive nothing, and his surviving wife may have to buy out his kids to keep the family home. A will signed at our office would have laid out the exact split he intended and named an Independent Executor to handle it without ongoing court supervision.

2. Statutory Durable Power of Attorney

Legal definition. Under Texas Estates Code Chapter 752, a Statutory Durable Power of Attorney is a written instrument by which a principal appoints an agent ("attorney-in-fact") to act on the principal's behalf in financial and business matters, and which remains effective despite the principal's later incapacity.

Why you need it, in plain English. It is the document that lets a person you trust pay your bills, sign real estate documents, deal with the IRS, manage retirement accounts, and keep your financial life running if you cannot. Banks and title companies in Texas expect the statutory form — homemade or out-of-state versions are often rejected.

What happens without it. Picture a Frisco business owner who has a stroke midway through a real estate closing. If he never signed a Statutory Durable Power of Attorney, his wife cannot sign for him, cannot access his separate checking account, and cannot make tax elections for their business. Her only path is to file a guardianship in Collin County — an open court proceeding with legal fees, court-appointed attorneys, and annual accountings — for something a single signed document would have avoided.

3. Medical Power of Attorney

Legal definition. Under Texas Health and Safety Code Chapter 166, Subchapter D, a Medical Power of Attorney is a signed and witnessed document by which a competent adult designates an agent to make health care decisions on the principal's behalf when the attending physician certifies in writing that the principal lacks the capacity to make those decisions.

Why you need it, in plain English. It is the document that names the one person you want doctors to call when you cannot speak for yourself. Without it, Texas hospitals fall back on a statutory priority list of relatives — which may not be the person you would actually choose, and can force adult children to fight over your care in the ICU hallway.

What happens without it. Imagine an unmarried Casa Linda homeowner in her 60s who has a serious stroke. She has always trusted her longtime partner and her closest sister to make medical calls — but under Texas default rules, her estranged brother out of state is contacted first. A signed Medical Power of Attorney would have put her partner in charge from the first phone call, no arguments, no delays.

4. Directive to Physicians (Living Will)

Legal definition. Under Texas Health and Safety Code Chapter 166, Subchapter B, a Directive to Physicians — commonly called a Living Will — is a written declaration by which a competent adult instructs attending physicians about the use, withdrawal, or withholding of life-sustaining treatment in the event of a terminal or irreversible condition.

Why you need it, in plain English. It is the document that answers a question no one wants their family to have to guess at: if I am at the end and there is no meaningful chance of recovery, what do you want done? Signing it in advance is one of the greatest gifts you can give the people who love you.

What happens when you have it. A Highland Park father with an aggressive cancer sat down with his adult children in his neurologist's office and walked them through the Directive he had already signed at our firm. When the final hospitalization came, his kids did not have to decide anything under pressure — they simply asked the ICU team to follow the document. They grieved instead of debated, and every one of them told us later that the paperwork was what let them just be his family in the room.

5. Declaration of Guardian (Should the Need Arise)

Legal definition. Under Texas Estates Code Chapter 1104, an adult may sign a Declaration of Guardian in advance designating who should serve — and who should not serve — as guardian of the person and guardian of the estate if a court ever finds guardianship necessary.

Why you need it, in plain English. It is the document that tells a Texas probate judge, in your own words, who you want in charge of you and your finances if you ever cannot manage them, and who you specifically do not want anywhere near that role. Judges give this document strong weight.

What happens without it. A widowed East Dallas retiree with early-stage dementia has two adult children — one a steady daughter in Lakewood, one a son with a history of financial trouble. Without a Declaration of Guardian, both children have equal standing to petition Dallas County probate court, and the outcome depends on who files first and how contested the hearing gets. A Declaration signed while she still had capacity would have named her daughter and expressly disqualified her son, resolving the fight before it started.

6. Declaration of Guardian for Minor Children

Legal definition. Under Texas Estates Code Section 1104.153, a parent of a minor child may sign a written declaration designating a person to serve as guardian of the child's person and estate in the event of the parent's death or incapacity, and that declaration must be considered by the court.

Why you need it, in plain English. It is the document that answers the single hardest question every parent avoids: if something happened to both of you tomorrow, who raises your kids? Without it, a Texas court chooses from among competing relatives — and the person a judge picks is often not the one you would have picked.

What happens without it. A young Frisco couple with two children under 10 die together in an accident. Both sets of grandparents step forward: the wife's parents in Plano, active in the kids' lives, and the husband's parents out of state, who they saw twice a year. Without a Declaration of Guardian for Minor Children, the judge weighs both petitions from scratch and the case can take months. A signed declaration would have made the wife's parents the presumptive guardians and given the children a stable home within days.

7. HIPAA Authorization

Legal definition. Under the Health Insurance Portability and Accountability Act of 1996 (45 CFR Parts 160 and 164), a HIPAA Authorization is a signed written permission that allows covered health care providers to disclose an individual's protected health information to specifically identified persons.

Why you need it, in plain English. It is the document that lets doctors and hospitals actually talk to the people named in your Medical Power of Attorney. Without it, even the agent you appointed can be stonewalled by a hospital that will not confirm you are even a patient.

What happens when you have it. A Las Colinas mother had a signed Medical Power of Attorney naming her daughter — but no HIPAA Authorization. When she was admitted to an Irving hospital, the daughter could not get lab results by phone, could not coordinate with the specialist in Dallas, and lost two days trying to prove her authority. After she added a HIPAA Authorization at our office, the next hospitalization ran completely differently: one phone call, records released, decisions made in hours instead of days.

8. Disposition of Remains

Legal definition. Under Texas Health and Safety Code Section 711.002, an adult may execute a written instrument designating an agent with the authority to control the disposition of the person's remains after death, including decisions about burial, cremation, and funeral arrangements.

Why you need it, in plain English. It is the document that tells everyone — family, funeral home, cemetery — who has the legal call on burial, cremation, and services. Without it, Texas law walks a statutory list of relatives, and disagreements between them can delay a funeral for days.

What happens without it. A Preston Hollow father made clear for years that he wanted cremation and a small service. He never wrote it down. When he died, his adult children split three-to-one on the decision, and under Section 711.002 all four had equal statutory authority. The funeral home could not act until they resolved it, and the family lost a week of grieving to a lawyer-mediated conversation that a single signed page would have prevented.

Composite examples for illustration only; not actual clients.

Who a Will Package Is Right For

A Texas will package is the right starting point for:

  • Married couples in Highland Park, Lakewood, and Frisco who own a home together and want a clean, tax-aware transfer between spouses.

  • Parents in East Dallas, Casa Linda, and Las Colinas with minor children who need to name guardians and set up simple contingent trusts.

  • Single professionals and blended families who cannot rely on Texas intestacy default rules to protect stepchildren, unmarried partners, or specific beneficiaries.

  • Business owners and self-employed clients who need a durable power of attorney that will actually be honored by banks and the IRS.

  • Adult children helping aging parents get documents in place before a health event forces a guardianship proceeding.

When a Will Package May Not Be Enough — You May Also Need a Trust

A will package is the right foundation for most Dallas families, but it is not the right answer for every family. Depending on your circumstances and goals, you may also need a trust built alongside or in place of the standard will structure. The situations where we most often recommend adding a trust include:

  • A taxable estate — assets approaching or exceeding the 2026 federal estate tax exemption of $15 million per individual or $30 million per married couple, where planning is required to preserve exemptions and reduce estate tax exposure.

  • A blended family or second marriage — where you want to provide for a current spouse and protect an inheritance for children from a prior relationship, without accidentally disinheriting either.

  • A minor child, adult child with a disability, or special-needs beneficiary — where distributing assets outright could disqualify a loved one from Medicaid, SSI, or other means-tested benefits.

  • A closely held business or professional practice — where succession, control, and buy-sell provisions need to survive incapacity or death.

  • A concern about a child's marriage, divorce, business risk, or creditor exposure — where you want an inheritance to stay with your child rather than pass to a spouse, an ex-spouse, or a lawsuit against your child's business.

  • A desire to keep your estate private — because probate is a public court proceeding, while a trust-based plan generally is not.

  • Real property in more than one state — where a trust can avoid a separate ancillary probate proceeding in each state.

  • A wish to plan for your own possible incapacity in a way a will alone cannot address, since a will speaks only at death.

Our library article on the 6 reasons you may need a trust walks through these situations in more detail, and the Trusts practice page explains the ten trust structures we most commonly use in Texas estate planning. If any of the situations above sound like your family, we will tell you at the consultation — and we will show you exactly what a trust-inclusive plan would look like and cost before you decide.

How the Process Works at The Ashmore Law Firm

Most Dallas will package engagements at our firm follow the same six-step path. The extra steps in the middle — the draft review and the family meeting — are what separate a real estate planning engagement from a document mill:

  1. Consultation — a working meeting (in person at our Dallas office or by video) where we review your family, assets, and goals and confirm scope and flat fee.

  2. Drafting — Lori prepares the eight documents, tailored to your beneficiaries, executor and agent choices, and any Texas-specific provisions your situation requires.

  3. Draft review — you read the drafts, mark edits, and approve. Nothing gets signed until you understand every provision and confirm it matches what you intended.

  4. Signing meeting — you formally execute the package at our office with the notary and witnesses required by Texas law. Before you sign, Lori walks you through each document one more time so you know exactly what you are signing and why.

  5. Delivery and safekeeping — you receive originals plus digital copies, and we walk your named agents through what they will need to do.

  6. Family meeting (optional) — once the package is signed and delivered, if you choose, we sit down with your children, spouse, or blended family and explain the goals behind your plan. The hard conversations happen now, in a controlled room, so agents and beneficiaries are not surprised later. Families who take this step consistently see less tension, fewer disputes, and a much lower risk of contested probate.

A Dallas Firm With Roots in the Neighborhoods We Serve

The Ashmore Law Firm, P.C. has served Dallas-area families for more than 30 years from our office across the street from Scottish Rite for Children — about five minutes from Uptown, ten minutes from Highland Park and University Park, and twenty minutes from East Dallas, where Gary Ashmore and Lori Ashmore Peters grew up and where they still live today. Casa Linda and Lakewood are their home neighborhoods, not talking points. That firsthand knowledge of Dallas families, Dallas courts, and Dallas neighborhoods is why our clients keep referring their friends, adult children, and neighbors to us.

Estate planning is a family calling for us. Lori and Gary's late father, the Honorable Joseph E. Ashmore, Jr., served on Dallas County Probate Court No. 3 from 1975 to 1986, unanimously appointed by the Dallas County Commissioners Court to the newly created court. For 11 years he heard contested wills, probate disputes, guardianships, and mental illness cases — the exact situations a proper will package is designed to avoid. Lori grew up watching what happened at the courthouse when families showed up without the right documents: siblings against siblings over a home, guardianships opened because no one had signed a power of attorney, children caught in the middle because there was no Declaration of Guardian. She has spent the past 30 years of her own practice making sure her clients never end up on that side of a probate docket.

Where we practice. Lori Ashmore Peters personally handles will packages, probate, and guardianship matters throughout the Dallas–Fort Worth metroplex, and our firm has genuine county-level court experience where it matters most:

  • Dallas County (deepest local depth) — East Dallas (Casa Linda, Lakewood), Highland Park, University Park, Uptown, Preston Hollow, and Las Colinas / Irving.

  • Collin County — Frisco, Plano, and surrounding communities.

  • Tarrant County — our Fort Worth attorney has practiced in Tarrant County probate, family, and civil courts for years and knows the judges, staff, and local procedures firsthand.

  • Denton County — including Lewisville and Flower Mound. The Ashmore Law Firm has been selected as one of the 19 firms on Expertise.com's 2026 Best Probate Lawyers Serving Lewisville list.

  • Rockwall County and Kaufman County — for clients across the wider DFW area.

Estate planning documents are executed under Texas law and are valid regardless of which Texas county you live in. Where county-level court experience matters most — for probate, will contests, and guardianship matters — we have deep bench experience in Dallas County, Collin County, and Tarrant County courts.

Connected Family Law and Estate Planning — One Firm, Both Sides of Your Family's Legal Life

Most Dallas estate planning firms only handle the estate planning side of a family. The Ashmore Law Firm is different. Our sister practice, led by Gary Ashmore — Managing Attorney and Head of Family Law — handles the full range of Texas family law matters. That means the life events that change your family are the same life events that change your estate plan, and we can address both sides of the change under one roof.

A will package is not a one-time document. It is a snapshot of your family, your assets, and your intentions on the day you sign it. When any of those change, the will package needs to change with them. The family law events that most often trigger a will package update include:

  • Marriage and remarriage — including prenuptial and postnuptial agreements coordinated with new wills, spousal beneficiary designations, and separate-property provisions.

  • The birth or adoption of a child — first-time or updated Declarations of Guardian for Minor Children, contingent trusts for minors, and 529 or education-fund provisions.

  • Blended families and stepchildren — will packages that provide for a current spouse and protect an inheritance for children from a prior relationship without accidentally disinheriting either.

  • Divorce — whether in progress or already final, removing an ex-spouse as executor, agent, or beneficiary; updating powers of attorney, HIPAA authorizations, and medical directives; and, when children are involved, adding trust protections so an inheritance stays with your child rather than passing to an ex-spouse.

  • Custody modifications, child support changes, and post-divorce restructuring — updating Declarations of Guardian and beneficiary designations as your parenting plan changes.

  • Grandparent involvement or grandparent rights matters — coordinating declarations, inheritance planning, and any court orders affecting a grandchild.

  • Guardianship of a minor or incapacitated adult — the exact intersection point of family law and estate planning, where Declarations of Guardian in your will package do the work a court would otherwise have to do.

Because Gary and Lori sit down the hall from each other, a client going through any of these events gets a coordinated response — not two disconnected engagements at two different firms who never talk. That is one of the most common reasons Dallas families choose The Ashmore Law Firm over a pure estate planning practice.

About the Author — Lori Ashmore Peters

Managing Attorney and Head of Estate Planning and Probate at The Ashmore Law Firm, P.C. Lori earned her B.A. from Texas A&M University in 1991 and her J.D. from Texas Wesleyan University in 1996. She has been a member of the State Bar of Texas in good standing since June 27, 1996 — more than 30 years of Texas estate planning and probate practice. Her State Bar listed practice area is Wills, Trusts, and Probate. In addition to her Texas license, Lori is admitted to practice before the United States Supreme Court and the United States Court of Appeals for the Fifth Circuit, and is certified to serve as both Attorney Ad Litem and Guardian Ad Litem in Texas probate courts — the court appointments that place her in front of Dallas County probate judges on contested wills, guardianships, and incapacity cases.

Together with her brother Gary Ashmore, Managing Attorney and Head of Family Law at The Ashmore Law Firm, P.C., Lori co-authors the firm's library of Texas estate planning and probate publications, including Do I Really Need a Will?(3rd Edition), What to Do When a Loved One Dies (2nd Edition), and Who Is in Charge After You Die? (2nd Edition). She is also co-author, with Shep Sands — The Ashmore Law Firm's probate litigator with more than 20 years of Texas probate litigation experience — of Estate and Probate Litigation in Texas: Your Roadmap to Navigate the Process.

She grew up in East Dallas and lives in the Casa Linda / Lakewood area today. She is the daughter of the Honorable Joseph E. Ashmore, Jr., who served on Dallas County Probate Court No. 3 from 1975 to 1986.

Peer recognition and ratings — Estate Planning, Probate, and Trusts and Estates

Bar sections and professional memberships

  • Member, Real Estate, Probate and Trust Law Section (REPTL) of the State Bar of Texas — the section of the Texas Bar that participates in drafting and updating Texas trust and probate law.

  • Member, Dallas Bar Association. The Ashmore Law Firm, P.C. is a Dallas Bar Association 100 Club firm, meaning every attorney at our firm is a Dallas Bar Association member.

  • Member, Dallas Estate Planning Council.

  • Member, Dallas Women Lawyers Association.

  • Member, Dallas Bar Foundation Fellow.

  • Member, Advisory Council on Money Management — Senior Citizens of Greater Dallas.

  • Member, Texas Aggie Bar Association.

Read Lori's full bio at The Ashmore Law Firm →

A will package is the foundation of a complete Texas estate plan. Depending on your family, assets, and goals, you may also need one or more of the following:

  • Estate Planning (Practice Overview) — the full scope of what Lori and The Ashmore Law Firm can build for your family, from a foundational will package to a fully trust-centered plan.

  • Trusts — the ten trust structures we most commonly use in Texas estate planning, including revocable living trusts, special needs trusts, ILITs, and inheritance-protection trusts for children and grandchildren.

  • Probate — what happens when a will actually goes to a Texas probate court, and how a properly drafted will package makes that process faster, cheaper, and less contested.

  • Will Contests — what makes a Texas will vulnerable to challenge, and the drafting choices that reduce that risk before the will is ever signed.

  • Guardianship — the court process the Declarations of Guardian in your will package are designed to avoid.

Lori co-authors The Ashmore Law Firm's complimentary estate planning library. Before or after your will package consultation, these companion resources answer the questions Dallas families ask most often:

All resources are complimentary. Request any of them at the links above, or call 214-559-7202 to schedule directly.

FAQs

What is included in a Texas will package?
A Texas will package from The Ashmore Law Firm includes eight coordinated documents: a Last Will and Testament, Statutory Durable Power of Attorney, Medical Power of Attorney, Directive to Physicians (Living Will), Declaration of Guardian, Declaration of Guardian for Minor Children, HIPAA Authorization, and Disposition of Remains. Together they cover property, finances, health care, minor children, and final arrangements.

How much does a will package cost in Dallas?
The Ashmore Law Firm prepares Dallas will packages on a flat-fee basis so you know the total cost before we draft. Fees vary based on whether the plan is for an individual or a couple and whether contingent trusts for minor children are included. Call 214-559-7202 or request a complimentary consultation to receive a fee quote for your situation.

Do I need a trust in addition to a will package?
Not everyone does. A will package is enough for many Dallas families whose main goals are naming guardians, distributing a home and financial accounts, and appointing agents for incapacity. If you have a taxable estate, a business interest, a blended family, a special-needs beneficiary, or property in another state, a trust-centered plan is worth considering — our do I need a trust in Dallas explainer walks through the decision in detail.

What happens if I die without a will in Texas?
You die "intestate" and your assets pass under the Texas Estates Code, not according to your wishes. Depending on whether property is community or separate, whether you have children from prior relationships, and who survives you, the outcome can be very different from what most people assume — and stepchildren, unmarried partners, and preferred charities typically receive nothing. Intestate estates also spend more time in Dallas probate court and are more vulnerable to will contests between relatives.

Are online will forms valid in Texas?
A will can be technically valid in Texas even if it comes from an online form, but the risk is in the details: incorrect execution, missing self-proving affidavits, ambiguous language, and no coordination with your powers of attorney and beneficiary designations. Those problems usually surface after death, when the family cannot fix them.

How often should I update my will package?
Review your will package every year and after any major life event — marriage, divorce, the birth or adoption of a child, a move to or from Texas, a major change in assets, the death of a named executor or guardian, or a significant change in federal estate tax law.

What is the difference between a Medical Power of Attorney and a Statutory Durable Power of Attorney in Texas?
A Medical Power of Attorney lets a named agent make health care decisions if a physician certifies you are incapacitated. A Statutory Durable Power of Attorney lets a named agent handle financial and business matters — banking, real estate, taxes, insurance, and retirement accounts. Most Texas estate plans need both.

Can The Ashmore Law Firm update the will package I signed years ago?
Yes. We regularly review will packages that were signed elsewhere, identify gaps under current Texas law, and either amend the existing documents through a codicil or restatement or prepare a fresh package. Bring your originals to the consultation and we will walk you through what to keep, replace, or add.

Lori Ashmore Peters
Lori Ashmore Peters
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Managing Attorney | Best Lawyers® Trusts & Estates | Serving Dallas, HP & DFW since 1996