July 2026 | Marin Kirby, Andris Heft
There are misconceptions about estate planning-which include wills, trusts, and power of attorneys-that could lead to harmful results during your life, or your loved ones after your passing once in the probate process.
Results that could have easily been avoided if you had known how your plan actually works.
1. You Need to Be Wealthy to Have a Will or a Trust
You don’t need to be wealthy to plan in case of incapacity or death, the idea of needing to be wealthy to do so is false. While high-net-worth individuals often have more legal tools, estate planning benefits everyday families throughout Texas.
An Estate Plan can protect your children, appoint guardians, safeguard your home from a lengthy and expensive court process in Texas.
Estate Planning allows you to:
- Have peace of mind that your affairs are in order
- Avoid court/ family issues in case of death or incapacity
2. Waiting Until You’re Older
People often think that a will or trust is only for sick and/or older people. But the plan protects you and your loved ones in all stages of life. You may have capacity today but may lose it tomorrow. So often our firm finds widows and parents in situations of difficult where a simple will would have been helpful.
Unexpected accidents and life events can occur at any age. Estate Planning ensures that if something happens, the people you trust can make financial and medical decisions for you. Young adults, parents of minor children, homeowners, and business owners all benefit from having a comprehensive Estate Plan in place.
Planning early provides peace of mind and long-term protection.
Estate Planning allows you to:
- Protect you from all scenarios
- Save your family from lengthy battles in court
3. You wait until the family finds it all after
Estate planning conversations can feel uncomfortable, but staying silent often causes more harm than good. Open communication with your family can help prevent disputes during Texas probate proceedings.
Even a legally valid will or trust can be challenged. Explaining your reasoning to loved ones in advance can significantly reduce confusion, family conflict, and the risk of legal challenges after you pass.
Communicating your Estate Planning allows you to:
- Protect your assets from litigation
- Ensure your wishes are protected
- Prevent misunderstandings
4. Forgetting to Update Your Plan
Estate planning is a complex area of law, and small drafting errors can create major legal disputes during probate. You need to remember to adjust your drafted plan based upon how your life changes. Changes in relationships and circumstances throughout your life will tend to make your plan outdated, and as time goes on it will need to be cleaned thoroughly.
After setting up the Estate Plan with your lawyer you still manage the assets like you normally would otherwise, so don’t feel overwhelmed after creating the agreement. If the plan goes without change for years ( it is recommended to update it every 3 to 5 years) it is likely to become an area of dispute among family members.
Remember that your Estate Plan:
- Can become outdated quickly
- Your estate lawyer should be involved as an advisor and help update when needed
5. “I don’t need an attorney at any stage. My kids can figure out probate out after”
It is not uncommon for people to try to make their own estate plan based off online templates or kits. However, these methods are often outdated, generic, and not compliant with Texas law. Saving pennies early on can cost thousands later. Deciding to make your own estate plan without the help of an attorney could unknowingly place your assets in jeopardy. Every estate is unique, and with the help of an estate planning attorney you will be able to have a plan specifically tailored for your desires, often the assumptions you may have may lead to a decision your will or trust you weren’t expecting.
In almost all Texas probate cases, legal guidance is required by court procedure. A probate attorney helps ensure proper filings are made, deadlines are met, and executors fulfil their legal duties correctly.
Having professional legal support can significantly reduce stress and minimize costly mistakes during the probate process.
Hiring an Estate Planning Attorney Allows You to:
- Give you guidance while dealing with probate
- Ensure that your assets are protected after you pass
- Reduce stress
Make it Easier for Yourself and Create a Strong Estate Plan
Estate planning is a hard topic to understand fully, and it’s even harder to understand it when false information is being pushed. We know that creating a trust feels very daunting at first, but you need to remember that you’re not doing it alone. You will have an attorney by your side to help you navigate the correct plan for your estate.
If you have questions about Estate Planning or Probate seeking experienced legal guidance can help you avoid costly mistakes and provide lasting peace of mind. We here at the Law Offices of Ana M. Pace can give you that peace of mind. Proper planning today protects your family tomorrow.
If you are a Texas resident in need of a Trust, contact us now to schedule your initial consultation.
Proper planning today protects your family tomorrow.
About the Authors
Marin Kirby is an intern at the Law Offices of Ana M. Pace, PLLC, and an incoming freshman at the University of Texas at Austin, where she will study Environmental Science through the Jackson School of Geosciences and the College of Liberal Arts while pursuing pre-law.
Andris Heft is a former senior intern with the RISE program at Richardson High School and an incoming freshman at Austin College.