The Reecer Law Firm

Texas Estate Planning & Probate Law

Archives for February 2024

10 Common Estate Planning Mistakes

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Estate planning is a crucial process to ensure that your assets are distributed according to your wishes after your death. However, there are common mistakes that people often make in the estate planning process. Keep in mind that estate planning laws can vary by jurisdiction, so it’s essential to consult with legal professionals who are familiar with the laws in your area. Here are some common mistakes to be aware of:

Estate Planning

1. Procrastination

One of the most common mistakes is delaying the estate planning process. Accidents and unexpected events can happen at any time, so it’s important not to put off creating or updating your estate plan.

2. Not Having a Will or Trust

Some individuals assume that they don’t need a will or trust, especially if their estate is relatively small. However, having a clear plan in place can prevent complications and ensure that your assets are distributed according to your wishes.

3. Incomplete or Outdated Documents

Even if you have a will or trust, it’s crucial to keep these documents updated. Life events such as marriages, divorces, births, and deaths can impact your estate plan. Failing to update your documents accordingly can lead to unintended consequences.

4. Ignoring Digital Assets

In today’s digital age, it’s important to consider your digital assets, such as online accounts, social media profiles, and cryptocurrencies, in your estate plan. Specify how you want these assets to be handled or transferred.

5. Not Considering Tax Implications

Failing to consider the potential tax consequences of your estate plan can result in a significant reduction in the assets passed on to your beneficiaries. Consult with a tax professional to understand the tax implications and explore strategies to minimize taxes.

6. Choosing the Wrong Executor or Trustee

Selecting the right person to carry out your wishes is crucial. This individual, whether an executor or trustee, should be responsible, trustworthy, and capable of managing the complexities of the role.

7. Failure to Communicate Your Wishes

It’s important to communicate your estate plan and wishes to your family and beneficiaries. Lack of communication can lead to misunderstandings, disputes, and legal challenges.

8. Not Planning for Incapacity

Estate planning isn’t just about what happens after your death. It should also include provisions for incapacity, such as assigning a durable power of attorney or establishing a healthcare proxy to make decisions on your behalf if you become unable to do so.

9. Overlooking Beneficiary Designations

Certain assets, such as retirement accounts and life insurance policies, pass directly to beneficiaries outside of probate. Ensure that your beneficiary designations are up-to-date and aligned with your overall estate plan.

10. DIY Estate Planning

While there are online tools and templates for creating wills and other estate planning documents, relying solely on these without professional guidance can lead to oversights and errors. Consulting with an estate planning attorney can help ensure your plan is legally sound and tailored to your specific needs.


Effective estate planning requires careful consideration of a multitude of factors to ensure that your assets are distributed according to your wishes while minimizing the potential for conflicts and complications. Avoiding common mistakes such as procrastination, incomplete documents, and neglecting family dynamics is essential. Regular reviews of your estate plan, open communication with family members, and accounting for unforeseen circumstances contribute to a comprehensive plan. Seeking professional guidance ensures that your estate plan is not only legally sound but also adaptable to changes in your life.

Contact The Reecer Law Firm PLLC

Dena Reecer, founder, and owner of the Reecer Law Firm PLLC, is one of a few Texas attorneys who are Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. If you have questions regarding estate planning, contact us for more information about how we can help you. The Reecer Law Firm is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

Estate Planning Tips for the Young Adults

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While estate planning might not be at the top of your priority list, it’s a crucial step in ensuring your hard-earned assets are handled according to your wishes. Let’s explore practical estate planning tips crafted for the younger generation.

Estate Planning
  1. Get an Early Start: Time is on your side. Starting your estate planning early gives you more control and flexibility. It’s a strategic move to safeguard your financial future.
  2. Take Inventory of Your Assets: Know what you own. List down your assets, from bank accounts to real estate. Understanding your financial landscape is the foundation of effective estate planning.
  3. Craft a No-Nonsense Will: Skip the fluff and get straight to the point. Draft a will that clearly outlines how you want your assets distributed. Keep it simple but comprehensive.
  4. Designate and Update Beneficiaries: Be intentional about your beneficiaries. Designate them for your financial accounts and keep these designations up to date, especially after significant life changes.
  5. Explore the Functionality of Trusts: Trusts are not just for the wealthy. Consider their strategic advantages in managing and distributing your assets, providing an extra layer of control.
  6. Delegate Financial Decision-Making with Power of Attorney: Life is unpredictable. Empower someone you trust with a power of attorney, allowing them to make financial decisions on your behalf if the need arises.
  7. Navigate Healthcare Decisions: Take control of your healthcare directives. Clearly communicate your medical preferences and designate someone to make healthcare decisions when you can’t.
  8. Secure the Future for Dependents: If you have dependents, plan for their future. Appoint a guardian who aligns with your values to ensure their well-being in your absence.
  9. Mind Your Digital Presence: In the age of technology, consider your digital assets. Specify what happens to your online accounts, emails, and other digital possessions.
  10. Regular Review and Adjustments: Life is dynamic, and so should be your estate plan. Regularly review and update your documents to stay in sync with your evolving life circumstances.

By initiating your financial planning, you’re on the right track. Remember, estate planning isn’t just about money; it’s about shaping your life as you envision it. Stay on course with your plans, make wise decisions, and lay the foundation for the future you’re aiming for.

Contact the Reecer Law Firm

Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. If you have questions or concerns regarding estate planning, please call us at (940) 382-3168 or contact us for more information about how we can help you. Our office is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

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How Do I Choose the Right Executor for My Will?

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Choosing the executor for your will is a critical decision that requires thoughtful consideration. This individual will be responsible for carrying out your final wishes and ensuring that your estate is settled according to your plans. To assist you in making this important decision, here’s guidance on selecting the right executor for your will.

Wills
  1. Identify Responsibilities: Start by understanding the responsibilities of an executor. This person will manage your estate, pay outstanding debts, distribute assets to beneficiaries, and handle any legal matters that may arise. Clarifying these duties will guide you in selecting someone with the right skills and attributes.
  2. Consider Trustworthiness: Trust is paramount when choosing an executor. Look for someone with integrity, honesty, and a track record of responsible financial management. This person should be someone you trust implicitly to carry out your wishes without any conflicts of interest.
  3. Evaluate Organizational Skills: The role of an executor involves significant organizational tasks. Assess potential candidates for their organizational skills, attention to detail, and ability to manage paperwork efficiently. A well-organized executor can streamline the probate process and reduce stress for your loved ones.
  4. Assess Legal and Financial Knowledge: Executors often encounter legal and financial complexities. While your executor can seek professional advice, having a basic understanding of legal and financial matters is beneficial.
  5. Choose Someone Willing and Able: Being an executor requires time and effort. Ensure the person you choose is willing and able to take on this responsibility. Discuss the role with potential executors to confirm their availability and willingness to fulfill the duties outlined in your will.
  6. Factor in Personal Dynamics: Consider the personal dynamics of your potential executors. While family members are commonly chosen, it’s essential to assess their ability to handle potential conflicts objectively. If there are concerns about impartiality, you may want to consider an unbiased third party.
  7. Name an Alternate Executor: Life is unpredictable, and circumstances can change. To ensure a smooth process, designate an alternate executor in case your primary choice is unable or unwilling to fulfill the role when the time comes.
  8. Open Communication: Once you’ve identified a potential executor, have an open and honest conversation with them. Clearly communicate your expectations, the details of your estate, and any specific wishes you have. This transparency can help prevent misunderstandings and ensure everyone is on the same page.

Choosing the right executor for your will requires careful thought and consideration. By following these steps and evaluating potential candidates based on their trustworthiness, organizational skills, legal and financial knowledge, willingness, and personal dynamics, you can select an executor who will honor your wishes and efficiently manage the settlement of your estate.

Contact the Reecer Law Firm

Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. If you have questions or concerns regarding estate planning, please call us at (940) 382-3168 or contact us for more information about how we can help you. Our office is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

How Do I Contest a Will in Texas?

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Contesting a will is a legal process that involves challenging the validity of a will. In Texas, as in other jurisdictions, contesting a will is a serious matter and generally requires legal assistance. Keep in mind that the laws may change, so it’s important to consult with an attorney who is familiar with the most current statutes. Here are general steps you might follow to contest a will in Texas:

Wills in Texas
  1. Consult with an Attorney: Seek the advice of an experienced probate attorney in Texas. Contesting a will is a complex legal process, and having professional guidance is crucial. The attorney can help you understand the legal grounds for contesting a will and guide you through the process.
  2. Determine Legal Grounds: To contest a will, you typically need legal grounds, such as:
    • Lack of testamentary capacity (the testator was not of sound mind when creating the will)
    • Undue influence (someone exerted improper pressure on the testator)
    • Fraud or forgery
    • Mistake
    • Failure to meet the formal requirements of a valid will
  3. Initiate the Lawsuit: If necessary, your attorney will file a lawsuit to contest the will. This legal action typically involves presenting evidence and arguments to support your claim that the will is invalid.
  4. Discovery Process: Both parties engage in a discovery process where they gather evidence to support their case. This may involve depositions, document requests, and other means of gathering information.
  5. Mediation or Settlement: Before going to trial, parties may engage in mediation to attempt to reach a settlement. This can save time and legal expenses.
  6. Probate Court Trial: If a settlement is not reached, the case may proceed to trial in the probate court. The court will consider evidence and arguments from both sides to determine the validity of the will.
  7. Appeal (if necessary): If the probate court’s decision is unfavorable, you may have the right to appeal the decision. Consult with your attorney to determine the best course of action.

Remember, it’s crucial to consult with an attorney early in the process to ensure that you understand your rights, the legal grounds for contesting a will, and the specific procedures that apply in your situation. Legal procedures can be complex and may vary, so it’s essential to have professional guidance throughout the contesting process.

Contact the Reecer Law Firm

Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. If you have questions or concerns regarding contesting a will, please call us at (940) 382-3168 or contact us for more information about how we can help you. Our office is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

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