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Image showing Person planning their estate writes "estate planning" in notebook.Common Misconceptions And Misunderstandings

Misconceptions and misunderstandings surround most things, and estate planning is no exception. Over the course of my career, I’ve encountered many when helping clients, so I’ve compiled this list of some of the most common. With so much on the line, understanding estate planning in Texas is key. The decisions you make pertaining to your estate planning have tremendous ramifications on you and your loved ones’ lives, you can’t afford to remain misinformed and not get to the bottom of things.

One-Time Transaction

Many believe estate planning is a one-time thing. The truth of the matter is that it’s a dynamic process needing updates due to life changes like marriage, birth of children, or asset fluctuation.

Death-Only Planning

Some assume estate planning only concerns distributing assets after death. This is true, but an incomplete view of things. It also involves planning for possible incapacity, healthcare directives, and guardianship decisions while you’re still alive.

Complexity And Cost Concerns

Many believe estate planning is out of reach because it’s excessively expensive and only for the wealthy or is overly complex. In truth, it’s important for people of all financial circumstances and can be tailored to individual needs and budgets. As long as you have wealth, regardless of how much, you can benefit from estate planning.


Discussing death can be uncomfortable, leading some to delay or avoid estate planning altogether. It’s vital you overcome this. Failure to do so puts ensuring your wishes are respected and loved ones cared for at risk.


Countless DIY estate planning tools available now contribute to people believing that professional advice and guidance aren’t necessary. However, personalized legal guidance is vital to address specific needs and legal complexities where these DIY tools fall short.

Seniors Only

Many think estate planning is only for older adults; it’s for adults of any age with dependents or assets.

Avoiding Taxes

Some people view estate planning primarily as a means of avoiding or reducing their tax burden. While this can be an aspect of it, the main purpose is to ensure your wishes are honored and your loved ones are protected.

Beneficiary Designations

Often, people overlook the importance of properly designating beneficiaries on insurance policies, retirement accounts, and other assets. They might not realize these designations can supersede instructions in a will.

Joint Ownership Makes It Unnecessary

Some people think that having joint ownership of assets or accounts with a spouse or family member negates the need for estate planning. However, joint ownership can lead to complicated legal situations, especially when dealing with stepfamilies or if the joint owner passes away first.

Consequences Of Not Having A Proper Estate Plan In Place

Planning for the future is not just about securing your assets; it’s about ensuring your wishes are honored and your loved ones are protected. In Texas, not having a comprehensive estate plan can lead to several severe unintended consequences, from assets being distributed in a way that does not align with your desires to family disputes and prolonged legal processes.

Without a plan, assets are distributed according to Texas intestacy laws, which likely do not align with your wishes. For example, in cases of incapacity without an established power of attorney or medical directive, a court may appoint a guardian to make decisions on your behalf, which might not be the person you would have chosen. On top of this, this process can be more time-consuming and costly than it would be if you had a plan in place.

As if this weren’t enough, as unfortunate as it is, not having clear instructions often sparks family disputes that strain relationships and drain emotional and financial resources. Without prior planning, the probate process tends to be lengthy, further delaying asset distribution to heirs. Consequently, your estate will incur higher legal costs during the resolution of estate matters due to the absence of a well-structured plan.

The antidote? Proactively addressing these matters now with a robust estate plan.

For more information on Understanding Estate Planning In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (956) 513-1117 today.

Aurelio Garza, Esq. - Estate Planning Lawyer - McAllen, TX

Secure Your Family's Future Today!
Call Now! - (956) 513-1117

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