Estate Planning Questions and Services | Patterson Law Firm Dallas

Texas has its own rules for what happens to your property, and who makes decisions for you, if you don't have a plan in place. Putting an estate plan in place is often easier and less expensive than people think. Schedule a free video consult with The Patterson Law Firm to get started.

The key documents for estate planning in Texas include a will, a revocable living trust, a durable power of attorney, a healthcare power of attorney, and an advance directive (living will). These documents help manage and dispose of your assets, and name the people who will make important decisions for you if you can't make them yourself. Schedule a free video consult with The Patterson Law Firm to get started.

A revocable living trust is worth considering if you have minor children, a blended family, concerns about conflict among heirs, or a more involved plan for how your property should be distributed. Schedule a free video consult with The Patterson Law Firm to explore your options.

Creating a living trust in Texas allows you to manage your assets during your lifetime and provides a seamless transfer of those assets upon your death, avoiding the probate process. It offers privacy, flexibility, and can help reduce estate taxes. Schedule a free video consult with The Patterson Law Firm to discuss your options.

In Texas, if a married person dies without a will, the distribution of community property depends on whether the couple had children — and whether those children are from the current marriage or a prior relationship. If all children are shared, the surviving spouse inherits the deceased's share of the community property. However, if the deceased had children from a previous relationship, those children may inherit an equal share of the deceased's half — meaning a surviving spouse could unexpectedly become a co-owner of their home alongside stepchildren. A properly drafted will or revocable trust prevents this outcome entirely. Schedule a free consultation with The Patterson Law Firm to protect your spouse and family.

In Texas, each spouse must have their own separately executed will — joint wills are not legally recognized under most circumstances. However, married couples can absolutely coordinate their estate plans so each will mirrors and complements the other, creating a unified strategy for how assets are managed after the first death and then the second. Many Texas married couples also use a joint revocable living trust as the centerpiece of their plan, with individual pour-over wills directing any remaining assets into it. Schedule a free consultation with The Patterson Law Firm to build a coordinated estate plan for you and your spouse.

Texas community property law means most assets acquired during a marriage are jointly owned by both spouses, regardless of whose name appears on the title or account. This affects what each spouse can transfer in their will, how separate property (brought into the marriage or received as a personal gift or inheritance) is treated differently, and how creditors may make claims against the estate. A well-drafted Texas estate plan will clearly document separate property, define how joint assets are managed and ultimately distributed, and minimize the risk of disputes among heirs or between a surviving spouse and the deceased's children. Schedule a free consultation with The Patterson Law Firm to learn how community property rules affect your estate plan.

A well-rounded Texas estate plan typically includes: a Last Will and Testament (to direct your assets and name guardians), a Durable Power of Attorney (for financial decisions if you're incapacitated), a Medical Power of Attorney (for healthcare decisions), and an Advance Healthcare Directive (your "living will"). Depending on your situation, it may also include a Revocable Living Trust, a Lady Bird Deed for real estate, and HIPAA authorization forms.

Online templates are generic — they don't account for Texas-specific community property rules, your family dynamics, or how your assets are titled. A single drafting error can invalidate a document or cause your estate to go through costly probate. An estate planning attorney ensures your documents are valid, coordinated, and actually reflect your wishes. At The Patterson Law Firm, we make the process straightforward and affordable.

Texas intestacy laws take over — and the results may surprise you. If you're married with children from another relationship, your spouse may not inherit what you intended. Your assets pass to biological heirs in a court-determined order, regardless of what you told people you wanted. A properly drafted will from a Texas estate planning attorney prevents this and qualifies your estate for faster, less expensive probate.

We recommend starting as soon as you have any assets, own real estate, are married, or have children — which for most people is in their 30s or 40s. That said, we regularly help clients in their 20s set up basic documents like a Medical POA and Advance Directive, because incapacity can happen at any age.

Yes. Texas is one of only nine states in the U.S. that recognize community property, so it is considered a community property state. This significantly affects how property is owned and controlled during marriage, and how it is distributed at death or divorce.

Separate property in Texas falls into two categories: property either spouse owned before the marriage, and property a spouse acquired during the marriage through inheritance, as a gift to that spouse alone, or as compensation for personal injuries. Separate property is not subject to the shared ownership rules of community property. It remains the sole property of one spouse.

Usually, yes. Property in Texas can be owned jointly with right of survivorship, and the deed or account must include those words. When one owner dies, the other owner automatically inherits that share without probate. The owners don't have to be married, though it's most common for married couples. Like a Lady Bird Deed or a Transfer on Death Deed, it only applies to that one piece of property, so it's usually not enough on its own unless it's the only asset someone has.