The Reecer Law Firm

Texas Estate Planning & Probate Law

Estate Planning

Estate Planning for Unmarried Couples

By

Estate planning isn’t just about passing on wealth; it’s about securing your future and protecting your loved ones. For unmarried couples in Texas, estate planning can be particularly challenging. Unlike married couples, you don’t have the automatic protections of spousal rights when it comes to inheritance or healthcare decisions. That’s why it’s essential for unmarried couples to take steps to ensure their wishes are honored and their partners are provided for in the event of incapacity or death. In this guide, we’ll explore the key things to consider and steps that are involved in estate planning for unmarried couples.

  1. Wills: Creating a will is vital for unmarried couples to ensure that your assets are distributed according to your wishes. In Texas, without a will, state laws determine how your property is divided, which may not align with your intentions. By drafting a will, you can designate your partner as a beneficiary and specify how you want your assets to be distributed.
  2. Powers of Attorney: Designating powers of attorney allows your partner to make important decisions on your behalf if you become incapacitated. A durable power of attorney for finances enables your partner to manage your financial affairs, while a medical power of attorney grants them the authority to make healthcare decisions for you. Without these documents, your partner may not have the legal right to act on your behalf.
  3. Healthcare Directives: Consider creating a living will or advance directive to outline your preferences for medical treatment and end-of-life care. This document provides guidance to your partner and healthcare providers, ensuring that your wishes are respected if you’re unable to communicate.
  4. Beneficiary Designations: Review and update beneficiary designations on your life insurance policies, retirement accounts, and other assets. By naming your partner as a beneficiary, you can ensure that they receive these assets directly, bypassing the probate process and any potential challenges from other family members.
  5. Joint Ownership: Jointly owning property, bank accounts, and other assets with your partner can simplify the transfer of ownership in the event of your death. In Texas, joint tenancy with rights of survivorship allows property to pass directly to the surviving partner without going through probate.
  6. Trusts: Depending on your situation and goals, establishing a trust may provide additional benefits. Trusts can help you avoid probate, minimize estate taxes, and provide ongoing support for your partner or other beneficiaries according to your wishes.

In Texas, unmarried couples must carefully plan their estates to protect each other and their assets. Working with an experienced estate planning attorney who understands the unique challenges of unmarried couples can make the process smoother.

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) 382-3168or contact us for more information about how we can help you. Our office is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

Protecting What Matters: Estate Planning for Your Elderly Parents

By

Estate planning for your elderly parents is an essential step in ensuring their financial security and peace of mind. By taking the time to carefully plan, you can help them protect their assets, fulfill their wishes, and avoid potential conflicts down the line. Here’s how you can get started.

Why Estate Planning Matters

Retirement and Elderly Care

Estate planning is more than just drafting a will—it’s about creating a comprehensive plan that covers all aspects of your parents’ future. From asset distribution to healthcare decisions, a well-structured estate plan ensures that your parents’ wishes are respected, even if they can no longer speak for themselves.

Initiating the Conversation

Approaching the topic of estate planning with your parents might feel overwhelming, but it’s a necessary discussion. Start by expressing your concerns and explaining the importance of planning ahead. Ask about their current arrangements and listen carefully to their wishes. This conversation is a crucial first step in making sure that everyone is on the same page.

Essential Components of an Estate Plan

A solid estate plan should include several key documents to cover all bases:

  • Will: This document outlines your parents’ wishes regarding the distribution of their assets and the care of any dependents.
  • Durable Power of Attorney: This gives a trusted person the authority to make financial decisions on your parents’ behalf if they become incapacitated.
  • Healthcare Power of Attorney: Similar to the durable power of attorney, this allows someone to make healthcare decisions for your parents if they are unable to do so.
  • Living Will: This document details their preferences for medical care, particularly in life-threatening situations.
  • Trusts: Depending on your parents’ needs, a revocable living trust or other types of trusts might be beneficial for managing their assets and avoiding probate.

Planning for Long-Term Care

Long-term care is a significant consideration in estate planning. Explore options like long-term care insurance or Medicaid planning to help cover the costs of nursing homes, assisted living, or in-home care. These measures can protect your parents’ assets from being drained by healthcare expenses.

Regularly Reviewing the Plan

Life changes, and so should estate plans. Make it a habit to review your parents’ estate plan regularly—especially after significant life events like a marriage, divorce, or the birth of a new grandchild. Keeping the plan up to date ensures that it accurately reflects your parents’ current wishes and circumstances.

Consult with an Estate Planning Attorney

Estate planning involves numerous legal and financial complexities. An experienced estate planning attorney can provide invaluable guidance, ensuring that your parents’ estate plan is comprehensive, legally sound, and tailored to their specific needs.

Contact The Reecer Law Firm

Ensure your parents’ future is carefully planned. The Reecer Law Firm provides the expertise and support to develop a thorough estate plan that reflects their wishes. Dena Reecer, founder and owner of The Reecer Law Firm PLLC, is among the select Texas attorneys Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. Call us at (940) 382-3168 or contact us for more information on how we can help secure your family’s future.

The Reecer Law Firm is located at 3105 Unicorn Lake Blvd., Denton, Texas 76210.

Divorce and Estate Planning: What You Need to Know

By

Divorce is a challenging process, and it can significantly impact your estate planning. If you’re going through a divorce in Texas, it’s crucial to understand how your assets, wills, and beneficiaries might be affected. Here’s what you need to know to protect your interests and ensure your estate plan remains effective.  The following recommendations are always subject to any temporary orders that the family court may have put in place during a divorce proceeding so please also consult with your family law attorney.

Revising Your Will

Family Estate Planning

One of the first steps you should take during a divorce is to revise your will. Your existing will likely includes provisions for your spouse, and you may want to change those.

  • Update Beneficiaries: Ensure your assets go to the intended recipients by updating the beneficiaries in your will.
  • Choose New Executors: If your spouse was named as an executor, appoint someone else who you trust to handle your estate.

Managing Joint Accounts and Property

Joint accounts and property can be tricky during a divorce. Texas is a community property state, meaning that most assets acquired during the marriage are considered jointly owned.

  • Close Joint Accounts: Close any joint accounts to prevent your spouse from accessing funds without your consent.
  • Retitle Property: Retitle property that you plan to keep in your name only to avoid complications.

Updating Beneficiary Designations

Beneficiary designations on life insurance policies, retirement accounts, and other financial assets need to be updated as soon as possible. Failure to do so could result in your ex-spouse receiving these assets even if your divorce agreement states otherwise.

Addressing Guardianship for Minor Children

If you have minor children, updating guardianship provisions in your will is essential. Consider who will care for your children if something happens to you.

  • Ex-Spouse as Guardian: In most cases, your ex-spouse will be the natural guardian of your children if you pass away. However, it’s wise to have a contingency plan.
  • Coordinate with Your Ex-Spouse: Ensure you and your ex-spouse agree on guardianship arrangements to avoid future disputes.
  • Choose a Secondary Guardian: Select a secondary guardian who you trust and who is willing to take on this responsibility if your ex-spouse is unable or unwilling to do so.
  • Create a Trust: Establish a trust to manage assets for your children’s benefit until they reach adulthood.

Estate Taxes and Asset Division

Understanding how your divorce will impact estate taxes, and the division of assets is crucial.

  • Consult with Professionals: Work with a financial planner and an attorney to navigate the complexities of asset division and minimize tax liabilities.
  • Plan for the Future: Consider how the division of assets will affect your long-term financial goals and estate planning.

Conclusion

Divorce necessitates a thorough review and update of your estate planning. By taking proactive steps, you can protect your interests and ensure your estate plan reflects your current wishes. Don’t wait until the divorce is final to address these critical issues.

Contact The Reecer Law Firm

At The Reecer Law Firm, we understand the complexities of divorce and estate planning. Our experienced attorneys are here to help you navigate this challenging time.

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 need guidance with estate planning, please contact us at (940) 382-3168.

The Reecer Law Firm is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

Estate Planning for Blended Families

By

Estate planning is important for everyone, but it takes on special importance when you are part of a blended family. With multiple relationships and unique family dynamics, careful planning helps you protect your loved ones and honor your wishes.  If you fail to plan, then the state where you live will determine who inherits your estate.

Start with Clear Goals

Blended Family and the Holidays

Think about what you want for your family’s future. Consider the needs of your spouse, your children, and any stepchildren. Do you want to provide for everyone equally? Do you have specific goals for certain family members? Being clear about your intentions helps create a plan that reflects your priorities.

Decide Who Will Handle Things

In blended families, choosing the right people to manage your estate is an important step. Select an executor or trustee who can be impartial and responsible. This might mean choosing someone outside the family to avoid potential conflicts. Discuss your choice with them to make sure they’re willing to take on the role.

Create a Trust

A trust can be a great tool for blended families. It allows you to provide for your spouse while also protecting the inheritance of your children. For example, you might use a trust to give your spouse income from your estate while preserving the principal for your children. A trust offers flexibility and control that a simple will might not.

Update Beneficiaries

Don’t forget about your financial accounts, retirement plans, and life insurance policies. Make sure your beneficiary designations match your wishes. These designations typically override what’s written in your will, so keeping them updated is key.

Communicate Your Plan

Open communication with your family can help prevent misunderstandings later. Explain your decisions to your spouse and children so they know your intentions. This doesn’t mean you have to share every detail, but giving an overview can make everyone feel more prepared.

Work with an Estate Planning Attorney

Blended families can benefit from tailored advice. Working with an experienced estate planning attorney gives you peace of mind knowing your plan fits your family’s unique situation.

Contact The Reecer Law Firm Today

At The Reecer Law Firm, we help families across Texas create estate plans that fits their specific needs. Whether you’re just getting started or updating your plan, we’re here to guide you. Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is among a select group of Texas attorneys recognized as Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. Call us today 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.

Beneficiary Designations: What You Need to Know

By

In estate planning, beneficiary designations are a key part of the process. These designations say who will receive certain assets, like retirement accounts or life insurance, when you pass away. By keeping them accurate and up to date, you help avoid confusion and make your wishes clear for your loved ones.

What Are Beneficiary Designations?

Beneficiary Designations

Beneficiary designations are instructions you give to financial institutions or insurance companies on who should receive your assets after you pass away. These designations are typically made when you open accounts like 401(k)s, IRAs, or purchase a life insurance policy. Instead of these assets being distributed through your will, they are automatically transferred to the designated beneficiaries after you pass away. In Texas, these instructions can even take priority over what is stated in your will, so it’s essential to get them right.

Why Updating Beneficiary Designations Matters

Over time, your life and relationships may change. You might get married, divorced, have children, or experience other shifts in your family dynamic. Any of these changes could mean it’s time to update your beneficiary designations. For instance, if you went through a divorce, failing to update these designations could mean that an ex-spouse ends up receiving funds you intended for your children. Keeping your beneficiary information up to date can help avoid confusion or disputes among your loved ones.

Key Considerations

In Texas, estate planning laws require careful attention to detail regarding beneficiary designations. Texas is a community property state, which means that if you’re married, your spouse may have a legal right to a portion of your assets, even if they aren’t named as a beneficiary. This is something to consider as you review your estate planning documents. To avoid issues, talk to an estate planning attorney who understands Texas laws and can guide you in choosing or updating your beneficiaries.

Common Mistakes to Avoid

One common mistake is assuming that listing a beneficiary in a will is enough. Remember, any asset that has a designated beneficiary will pass directly to that person, no matter what your will says. Also, be cautious about naming minors as direct beneficiaries. Without proper legal safeguards, they may not be able to access the funds until they turn 18, which could mean appointing a guardian to manage those assets.

Contact The Reecer Law Firm

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 or concerns regarding beneficiary designations or 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.

10 Common Estate Planning Mistakes

By

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.