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How Often Should I Update My Estate Plan in Texas?

Posted by Chris Peterson | Sep 19, 2023

Estate planning is a crucial aspect of financial and personal security that often goes overlooked until it's too late. In the state of Texas, just as in any other place, it's important to regularly review and update your estate plan to ensure it reflects your current wishes and circumstances. But how often should you update your estate plan in Texas? In this blog post, we'll explore the key factors that determine the frequency of estate plan updates in the Lone Star State.

Life Events

One of the primary triggers for updating your estate plan is significant life events. These events can include marriage, divorce, the birth or adoption of a child, the death of a family member, or a significant change in your financial situation. Whenever a major life event occurs, it's essential to revisit your estate plan to ensure it aligns with your new circumstances.

Changes in Assets and Liabilities

Texas estate plans often revolve around the distribution of assets, and your asset portfolio can change over time. If you acquire new assets, such as property or investments, or if you incur substantial debts or liabilities, you should review your estate plan to ensure it accounts for these changes. This can help prevent disputes and legal complications down the road.

Alterations in State or Federal Laws

Estate planning laws are not static; they can change at the state and federal levels. To ensure your estate plan remains valid and takes advantage of any new legal opportunities, it's advisable to consult with an attorney whenever there are updates to relevant laws. This is particularly important for estate tax laws, which can have a significant impact on your estate plan.

Health and Incapacity

Your health can change over time, and it's important to have provisions in your estate plan that address possible incapacitation or medical emergencies. If you haven't already done so, consider including documents like a durable power of attorney, a living will, or a healthcare proxy to outline your wishes and appoint someone to make decisions on your behalf if necessary.

Aging Beneficiaries and Executors

As time passes, your beneficiaries and executors may grow older, and their circumstances may change. It's wise to periodically review your choices for these roles and make adjustments if needed. You should also consider whether the individuals you've chosen are still willing and capable of fulfilling their responsibilities.

Family Dynamics

Family dynamics can evolve over time, potentially affecting the relationships among your beneficiaries and heirs. While it's not always possible to predict or control these dynamics, you can adapt your estate plan to address any concerns or changes in your family's structure or relationships.

Conclusion

In Texas, as in other states, the frequency of updating your estate plan largely depends on various personal and external factors. The general rule of thumb is to review your plan at least every three to five years, but more frequent updates may be necessary due to significant life events, changes in your financial situation, or alterations in the law.

To ensure your estate plan is always up to date and reflects your current wishes, it's advisable to consult with an experienced estate planning attorney in Texas. They can provide guidance, make recommendations, and help you navigate the legal intricacies of estate planning in the Lone Star State. Remember that a well-maintained estate plan is a crucial tool in safeguarding your legacy and ensuring your loved ones are taken care of according to your wishes.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.

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