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8 Tips for Putting Your Estate Plan in Order in Texas: A Comprehensive Guide

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Ardent Authors Photo

Jason Lavender

Ardent Authors Photo

Jason Lavender

Picture of Jason Lavender

Jason Lavender

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Planning for the future is essential, especially when it comes to your estate.

Establishing a well-thought-out estate plan is crucial for individuals in Texas to ensure their assets are distributed according to their wishes after they pass away. As a trusted financial institution, we understand the importance of estate planning and offer you valuable tips to help you put your estate plan in order effectively.

Whether you’re just beginning the process or seeking to update an existing plan, this comprehensive guide will provide you with the necessary insights to navigate the estate planning landscape in Texas.

Understand the Importance of Estate Planning

Estate planning is the process of organizing and documenting your wishes for the distribution of your assets upon your death. It allows you to have control over who inherits your property, minimizes potential conflicts among family members, and ensures your loved ones are taken care of in accordance with your wishes.

Planning your estate can be a challenging process to navigate. Below, we’ve simplified this process into 8 simple steps to get your estate plan ready in case anything unexpected happens.

1. Take Inventory of Your Assets

Begin by creating a comprehensive list of all your assets, including bank accounts, real estate properties, investments, retirement accounts, life insurance policies, and personal belongings. Knowing the extent of your assets will provide a solid foundation for developing an effective estate plan.

2. Create a Will

A Last Will and Testament is the cornerstone of any estate plan. It allows you to specify how your assets will be distributed, nominate guardians for minor children, and name an executor to administer your estate. To create a legally valid will in Texas, it must be in writing, signed by you (the testator), and witnessed by two competent adults. Consider consulting an attorney to ensure your will is properly drafted and meets all legal requirements.

3. Create a Living Will

While a will directs instructions on how your assets will be distributed after your death, a living will gives directions for your medical care in the event you are incapacitated. Specifically, as defined by the National Institute on Aging, a living will is a crucial legal document that outlines your preferences for medical treatment in case you become unable to communicate or make decisions about emergency care. It serves as a guide for doctors and healthcare professionals, ensuring that your wishes regarding medical interventions and treatments are respected and followed. By preparing a living will, you can have peace of mind knowing that your healthcare choices will be honored even if you are unable to express them personally.

4. Explore Trusts for Asset Protection

Although not necessary as often as some Texans believe them to be, Trusts can be valuable tools for protecting your assets and ensuring their seamless transfer to your beneficiaries. Various trust options are available in Texas, such as revocable living trusts, irrevocable trusts, and special needs trusts. Each type of trust offers unique advantages, including avoiding probate, reducing estate taxes, providing for charitable giving, and protecting assets from creditors. We recommend consulting with an estate planning attorney to determine which trust(s), if any, align with your goals and circumstances.

5. Designate Beneficiaries

Beneficiary designations are essential for assets that pass outside of a will, such as life insurance policies, retirement accounts, and payable-on-death (POD) bank accounts. Ensure that your beneficiary designations are up to date and consistent with your overall estate plan. Periodically review and update these designations to reflect any changes in your circumstances or family structure.

6. Consider Powers of Attorney

Powers of attorney grant legal authority to someone you trust to make financial and healthcare decisions on your behalf if you become incapacitated. Execute a durable power of attorney for financial matters and a medical power of attorney to ensure your wishes are respected and your affairs are managed efficiently during challenging times.

Discuss your choices with your attorney and selected agents to ensure they understand your intentions and responsibilities.

7. Plan for Long-Term Care

Considering the rising costs of long-term care, it is prudent to incorporate provisions for such expenses within your estate plan. Long-term care insurance, Medicaid planning, or creating a special needs trust may be suitable options depending on your circumstances. Working with an experienced elder law attorney can help you navigate these complex matters effectively.

8. Regularly Review and Update Your Plan

Life is dynamic, and so are your estate planning needs. Regularly review your estate plan, particularly after significant life events such as marriage, divorce, birth, death, or changes in financial status. An outdated estate plan may not align with your current wishes or legal requirements.

Engage in proactive communication with your attorney and financial institution to ensure your plan stays current and accurately reflects your intentions.

8 Tips for Putting Your Estate Plan in Order in Texas: A Comprehensive Guide

TFNB Your Bank For Life

Crafting a comprehensive estate plan is a responsible step towards securing your financial future and protecting your loved ones in Texas. By following these tips and seeking guidance from professionals, such as attorneys and financial institutions, you can ensure that your estate plan is tailored to your unique needs and aligns with the legal requirements of the state.

Take control of your future by putting your estate plan in order today. Remember, planning now will bring peace of mind for you and your loved ones tomorrow. Please feel free to reach out to see how our financial advisors can assist you as you prepare your estate plan.

If you have any questions or would like to know more about our banking solutions, contact us at 254-840-2836

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