The Reecer Law Firm

Texas Estate Planning & Probate Law

Estate Planning

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 Incomplete or Outdated Documents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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Understanding The Importance of a Digital Estate Plan

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In the digital age, our lives have become increasingly intertwined with online platforms and digital assets. From social media accounts to online banking and digital photographs, we accumulate a vast amount of digital property throughout our lives. But what happens to these digital assets after we pass away? This is where a digital estate plan comes into play.

What is a Digital Estate Plan?

Digital Estate Plan

A digital estate plan is a set of instructions that outline how you want your digital assets to be managed, preserved, or distributed after your death or incapacity. It encompasses all the online accounts, files, and digital possessions you have accumulated over the years, including email accounts, social media profiles, online photo albums, digital documents, cryptocurrency, and more.

Why is a Digital Estate Plan Important?

  1. Preservation of Digital Legacy: Just as you make arrangements for your physical assets and personal belongings, it’s crucial to consider your digital legacy as well. A digital estate plan ensures that your online presence, memories, and personal information are handled according to your wishes.
  2. Access and Account Management: Without proper planning, your loved ones may encounter difficulties accessing your online accounts after your demise. By including instructions for accessing these accounts in your digital estate plan, you can alleviate the stress and confusion your family might face.
  3. Privacy and Security: A comprehensive digital estate plan takes into account the security and privacy aspects of your digital assets. It enables you to specify what should happen to your sensitive information, such as account passwords or financial records, ensuring that they are appropriately protected or disposed of.

Creating a Digital Estate Plan:

  1. Take Inventory: Begin by identifying all your digital assets, including online accounts, devices, and digital files. Make a list of each item and its location, along with any associated login credentials or access codes.
  2. Appoint a Digital Executor: Choose a trustworthy individual to act as your digital executor or designate this responsibility to your regular executor. This person will be responsible for carrying out your wishes as outlined in your digital estate plan.
  3. Specify Your Wishes: Clearly state what you want to happen with each digital asset. You might want your social media profiles to be memorialized, certain files to be deleted, or digital photographs to be passed on to specific individuals. Provide explicit instructions for each asset.
  4. Store and Share: Ensure that your digital estate plan is accessible to your designated executor. Store it securely, either in a physical location (such as a safe deposit box) or a password-protected digital file. Inform your executor about its location and any necessary access credentials.
  5. Review and Update: Regularly review and update your digital estate plan, particularly when there are changes in your digital assets, passwords, or preferences. Stay informed about any changes in online platforms’ policies regarding the management of digital assets.

A digital estate plan is an essential aspect of modern estate planning. It ensures the smooth management and distribution of your digital assets while protecting your privacy and preserving your digital legacy. The Reecer Law Firm can provide expert guidance in creating a comprehensive digital estate plan that aligns with your overall estate planning goals. Don’t overlook the importance of planning for your digital assets—start the process today and provide peace of mind for yourself and your loved ones.

Contact The Reecer Law Firm PLLC for Assistance

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 are considering preparing or revising your will, contact us for more information about how we can help you. The Reecer Law Firm is located at 3105 Unicorn Lake Blvd., Denton, Texas 76210.

What Are the Duties of an Executor of an Estate?

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If you are named in a will as the executor of an estate, Texas law imposes upon you certain responsibilities. One of those responsibilities is to hire an attorney to guide you through the process. This is because as executor, you represent the interests of both beneficiaries and creditors, and only a licensed attorney can represent the interest of others.

There are exceptions to this rule which your attorney will discuss with you. Briefly, one exception is if you are the sole beneficiary.

Executor

Responsibilities of the Executor of an Estate

Specific responsibilities imposed by Texas law include:

Notifying the beneficiaries of the decedent’s death. If they cannot easily be located, you may need to put a notice of death in newspapers.

Locating and inventorying assets. This includes locating:

  • Personal property such as vehicles, boats, checking accounts, jewelry, antiques, safe deposit box contents, and others.
  • Financial holdings. Retirement accounts, stocks and bonds, investment accounts.
  • Real estate the decedent owned in Texas and any real estate the decedent owned in another state.
  • Businesses owned by decedent or owned in partnership with others.

You must inventory the assets and the value each asset at the time of the decedent’s death. This document must usually be filed with the court.

Paying decedent’s debts and taxes. All creditors must be given notice of the death and the opening of probate. Creditors can file a claim and the executor has a duty to verify it is a legitimate debt. If so the debt must be paid.

Tax returns must be filed, the Social Security Administration notified of the death, and all credit cards must be canceled.

You also have a duty to identify estate property that is exempt from creditors and set it aside for the beneficiaries.

Recognizing priority rights. Spouses and minor children have rights which may include payment of an allowance while the estate is being probated.

Distribution of assets. After all other duties have been fulfilled, you then distribute the assets to the beneficiaries according to the terms of the will.

In fulfilling your duties as an executor, keep in mind at every step of the way, you have a fiduciary duty to preserve assets and to act always in the best interest and with loyalty to the beneficiaries.

Contact The Reecer Law Firm PLLC for Assistance

This is just an overview of the responsibilities of an executor. Depending on the will and the size of the estate, there may be other responsibilities you must fulfill as the executor.

Dena Reecer, founder and owner of The Reecer Law Firm PLLC, is one of just a few Texas attorneys who are Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. Contact the firm for more information about your responsibilities as the executor of an estate.

Your Top Priority: Setting Up an Estate Plan

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Many people believe they must have millions of dollars in assets and investments to need an estate plan, but that is not true. Anyone who wants to ensure that their spouse and/or children receives their assets when they pass away should think about establishing an estate plan.

Understanding Texas Estate Planning, Wills, Trusts, Powers of Attorney, and More

Estate Planning

To begin the estate planning process in Texas, you will need to prepare some important documents that will empower others to carry out your instructions. The following are some of the most common documents a good estate planning or probate law attorney can help you with:

  • A Will. A Will outlines how you wish for your assets to be distributed upon your death and who they will be distributed to. If you have minor children, you can also designate a guardian who will care for them if they do not have a surviving parent after you’ve passed. Upon your death, a Will is generally submitted to the probate court, which will admit your Will to probate and give your Executor the authority to carry out the terms of your Will.
  • A Trust. A Trust is a fiduciary agreement in which you (the Grantor) transfer your assets to the Trust during your lifetime and designate a Trustee (yourself or a third party) to control those assets during your lifetime and to administer the Trust after your death in order to distribute the Trust assets to your family or friends (the Beneficiaries). A Trust allows you to pass assets to your Beneficiaries by avoiding probate, saving costs and time. Further, there are generally tax benefits for your heirs who receive assets through a Trust.
  • Statutory Durable Power of Attorney. A Statutory Durable Power of Attorney (also called a financial power of attorney) authorizes someone to make financial decisions on your behalf during your lifetime if you are unable to make those decisions on your own.
  • Texas Medical Power of Attorney. A Texas Medical Power of Attorney is a statutory form that authorizes someone to make medical decisions on your behalf during your lifetime if you are unable to make those decisions on your own.
  • An Advance Directive or Living Will. An Advance Directive memorializes your intent that you be kept comfortable, free of pain, and hydrated but allowed to pass away naturally if you are in a permanent vegetative state.

What Happens if You Die Without a Plan?

The legal term for dying without a Will or Trust is dying “intestate.” If you die intestate, any assets that do not have a beneficiary designation will pass to your Heirs-at-law, determined according to Texas law. Texas does not allow for oral Wills – your wishes must be written down. If you die intestate, the probate court will need to determine who your Heirs-at-law are and appoint an Administrator to distribute your assets to your Heirs-at-law, pay any debts, and wind up your affairs. If it is important to you to control who benefits from your estate, then having an estate plan in order should be a top priority.

For assistance with estate planning, probate law, and other matters related to Wills and Trusts in the Denton and DFW area, contact our attorneys at The Reecer Law Firm, PLLC. Dena A. Reecer, principal and founder, has been Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization since 2008 and has decades of experience in helping clients carry out their final wishes.