Frequently Asked Questions
General Estate Planning Questions
Q: What is the difference between a will and a trust?
A: A will only takes effect after probate, which means a court must approve it before your family can act. A trust allows assets to pass without probate, which usually makes things faster, simpler, and more private. For more information, see our article on Wills vs. Trusts in Texas.
Q: Do I need both a will and a trust?
A: If you use a trust, you still need a will. The will acts as a backup to move any assets into your trust that were not transferred during your lifetime.
Q: What happens if I die without a will or trust in Texas?
A: Texas law decides who inherits your assets. That does not always mean everything goes to your spouse. In many cases, your spouse may share assets with your children, separate property may be divided differently, and probate may still be required. The rules are set by Texas Estates Code Chapter 201.
Q: Does everything automatically go to my spouse in Texas?
A: No. This is one of the most common misconceptions. Depending on your situation, children may inherit part of your estate, your spouse may end up co-owning property with your children, and probate may still be required.
Q: What is probate and why do people try to avoid it?
A: Probate is a court-supervised process to transfer assets after death. It can involve court filings, delays, legal fees, and administrative requirements. Many families use trusts to avoid this process.
Q: How long does probate take in Texas?
A: It varies, but even straightforward cases often take several months. More complex cases can take longer depending on disputes, creditor issues, and court timelines.
Q: Is probate always expensive?
A: Not always, but it introduces additional cost, delay, and court involvement that can often be avoided with proper planning.
Q: Why should I have an estate plan?
A: An estate plan helps you control who receives your property, who manages things if you become incapacitated, and who will care for your minor children if something happens to you. It can also make things much easier for your family during a difficult time.
Q: Can estate planning help avoid family conflict?
A: It often can. Clear documents reduce confusion, reduce the risk of disputes, and make it easier for your family to carry out your wishes.
About Texan Wills and Trusts
Q: Is Texan Wills and Trusts a law firm?
A: No. Texan Wills and Trusts is not a law firm and does not provide legal advice. It is an online platform that provides attorney-designed Texas estate planning documents and guidance.
Q: Who created the documents?
A: The system and documents were designed by Texas-licensed attorneys based on real-world estate planning experience.
Q: How is this different from other online estate planning services?
A: Many online providers use generic documents designed to work across all 50 states. Our system is built specifically for Texas, structured to reduce common mistakes, and paired with step-by-step guidance to help users complete their documents correctly.
Q: Is this just a set of blank forms?
A: No. You are guided through a structured system that builds documents based on your answers.
Q: Will my documents be valid in Texas?
A: They are designed specifically for Texas law, but proper signing is critical. You must follow the signing instructions carefully for the documents to work as intended.
Q: Can I create a will or trust online and have it recognized in Texas?
A: Yes, if the documents are properly prepared and properly signed. Our service is designed specifically for Texas users and Texas legal requirements.
Choosing the Right Plan
Q: Should I choose a will or a trust?
A: In most cases, a trust is the better option because it avoids probate and simplifies administration for your family. A will-only plan may still require court involvement.
Q: Who is a good fit for a trust-based plan?
A: Most people who own a home, are married, or have children are strong candidates for a trust-based plan.
Q: When might a will-only plan be enough?
A: A will-only plan may be enough in limited situations, such as when someone has a very small estate, no real estate, and minimal assets. Even then, probate may still be required.
Q: Can I start with a will and upgrade later?
A: Yes. Some people begin with a will and later move to a trust as their family, assets, or goals change.
Q: What is the main benefit of the Texas Family Trust Plan?
A: It is designed to avoid probate, simplify things for your family, provide clear instructions, and help ensure your wishes are followed.
Creating Your Documents
Q: How does the process work?
A: You answer guided questions, the system builds your documents based on your answers, and you receive completed PDF documents with signing instructions.
Q: How long does it take to complete the process?
A: Most users finish in about 15 to 30 minutes.
Q: What information do I need to create my documents?
A: You will generally need the names of your beneficiaries, the people you want to serve as executor or trustee, the people you want to act under your powers of attorney, and your preferred distribution choices.
Q: Do I need exact asset values?
A: No. The system focuses on the structure of your plan rather than exact valuations.
Q: Do I need to list every asset I own?
A: No. Most users do not need to list every asset. The system focuses on the people, roles, and distribution structure in your plan.
Q: Can I make custom distributions?
A: Yes. You can divide assets equally, create custom percentages, or leave specific gifts depending on the plan and options you choose.
Q: Can I leave a specific gift to a person?
A: Yes. You can leave specific gifts in many situations, such as a set dollar amount, a particular item, or a percentage of your estate.
Q: Can I disinherit someone?
A: The system allows you to control distributions, but some legal constraints may apply depending on your situation and who you are trying to disinherit.
Q: Can I name backup beneficiaries and backup fiduciaries?
A: Yes. Naming backup beneficiaries, trustees, executors, and agents is a smart way to make your plan more durable.
Trust Questions
Q: What is a revocable living trust?
A: A revocable living trust is a legal structure that allows you to control your assets during your lifetime and direct how they pass after death without probate.
Q: Do I lose control of my assets if I create a trust?
A: No. In a revocable living trust, you usually remain in control of your assets during your lifetime.
Q: What does it mean to fund a trust?
A: Funding a trust means transferring assets into the trust’s name so the trust controls them.
Q: What happens if I do not fund my trust?
A: Assets that are not transferred into the trust may still go through probate, which defeats one of the main reasons people create a trust in the first place.
Q: Can I add assets to my trust later?
A: Yes. Many people continue adding assets to their trust over time.
Q: Does a trust protect me from probate in Texas?
A: A properly funded trust is designed to avoid probate for the assets titled in the trust.
Q: Can I sell or refinance property that is in my trust?
A: In most cases, yes. A revocable living trust is typically structured so you still control the assets during your lifetime.
Will Questions
Q: What does an executor do?
A: An executor gathers assets, pays debts, handles the probate process, and distributes property according to the will.
Q: Can my executor also be a beneficiary?
A: Yes. That is very common.
Q: Can I name more than one executor?
A: Yes, but naming co-executors can create delays or conflict if they do not agree.
Q: Does a will avoid probate?
A: No. A will usually has to go through probate before it can be used to transfer assets.
Q: What if I only have a will and no trust?
A: Your estate may still need to go through probate, which can add time, cost, and court involvement for your family.
Powers of Attorney and Incapacity
Q: What is a financial power of attorney?
A: A financial power of attorney allows someone you choose to manage financial matters on your behalf.
Q: What is a medical power of attorney?
A: A medical power of attorney allows someone you choose to make healthcare decisions for you if you cannot make them yourself.
Q: What is a HIPAA authorization?
A: A HIPAA authorization allows the people you name to access protected medical information when needed.
Q: When do powers of attorney take effect?
A: That depends on how they are structured. Some powers are effective immediately, while others are designed to be used upon incapacity.
Q: Why do I need incapacity documents if I have a trust?
A: A trust only controls assets that are in the trust. Powers of attorney help someone act for you with respect to financial and medical issues outside the trust structure.
Guardian Questions
Q: Why do I need to name a guardian for my children?
A: If you do not name a guardian, a court will decide who raises your minor children if both parents are gone or unable to serve.
Q: What happens if I do not name a guardian?
A: Family members may have to go to court and ask the judge to appoint someone. That process can create delay, expense, and conflict.
Q: Can I name backup guardians?
A: Yes. Naming backup guardians is strongly recommended.
Q: Can I name different people to handle money and raise my children?
A: Yes. Many families prefer one person to handle day-to-day care and another person to manage money.
Texas-Specific Questions
Q: Are there special estate planning considerations in Texas?
A: Yes. Texas has unique laws involving community property, separate property, homestead rights, probate procedure, and intestacy. For more information, see our article on the Importance of Texas-Specific Wills and Trusts.
Q: Can I appoint an executor or trustee who lives outside Texas?
A: Yes, in many cases you can appoint someone who lives outside Texas.
Q: Does Texas community property law matter in estate planning?
A: Yes. Community property rules can affect who owns assets during marriage and how those assets are treated at death.
Q: Does Texas homestead law matter in estate planning?
A: Yes. Homestead rights can affect what happens to a home after death and may impact the surviving spouse or children.
Signing and Legal Requirements
Q: How do I sign my documents correctly?
A: You will receive detailed signing instructions with your documents. It is important to follow them exactly.
Q: Does my will need witnesses in Texas?
A: Yes. A Texas will generally must be signed by the person making the will and witnessed by two people who are not beneficiaries.
Q: Does my will need notarization?
A: Notarization is typically used to make the will self-proved, which helps avoid the need for witnesses to testify later in probate.
Q: Does my trust need witnesses?
A: Our trust documents generally require notarization rather than witnesses.
Q: Can I sign my estate planning documents electronically?
A: In most cases, estate planning documents should be signed in person and according to the instructions provided so they meet Texas requirements.
Q: What happens if I sign incorrectly?
A: Improper signing can make documents ineffective or create major problems later. That is why the signing instructions are so important.
Pricing and Value
Q: How much does it cost?
A: Pricing depends on the plan and options you choose. Please visit our shop to see current pricing.
Q: Why is this more affordable than hiring a traditional attorney?
A: The system standardizes proven legal structures, automates the document creation process, and avoids hourly billing.
Q: Are there hidden fees?
A: No. Pricing is based on the plan and options you select.
Q: Is a trust worth the extra cost compared to a will?
A: For many families, yes. A trust is often worth it because it is designed to avoid probate and make administration much easier for loved ones later.
Support and Refund Questions
Q: What if I have questions during the process?
A: You can contact our support team through our contact page.
Q: Do you offer legal advice?
A: No. Texan Wills and Trusts does not provide legal advice.
Q: Is attorney help available?
A: In some situations, optional attorney support may be available as an add-on.
Q: What if I am not satisfied after purchase?
A: If you encounter an issue with the service, please contact support within 7 days of purchase so we can review the issue.
Delivery, Access, and Storage
Q: How do I receive my documents?
A: You will receive PDF versions of the documents in the plan you purchase, along with signing instructions.
Q: Will I have an account dashboard?
A: No. Documents are delivered directly to you. You should save copies for your records once you receive them.
Q: Can I access and manage my documents after they are created?
A: You will receive your documents as PDFs. Be sure to download and securely store them for future reference.
Q: How long do you retain my information?
A: You should download and securely store your documents after receiving them. If you need help after purchase, contact support.
Security and Privacy
Q: How do you protect my personal information?
A: We use security measures designed to protect your personal and financial information.
Q: Do you sell my information?
A: No.
Q: Is my payment information secure?
A: Payments are processed through secure payment technology.
Family and Special Situation Questions
Q: What if I have children from a prior relationship?
A: Blended family planning can be more sensitive because you may want to balance the interests of a spouse and children from a prior relationship.
Q: What if I am single and do not have children?
A: Estate planning is still important. You still need to decide who receives your assets and who can act for you if you become incapacitated.
Q: What if I am married and all of my children are with my current spouse?
A: Estate planning is still important because Texas law does not always produce the outcome people expect, and probate may still be required.
Q: What if I own rental properties or a business?
A: Additional planning may be needed depending on how those assets are structured.
Q: What if my estate is very large?
A: Larger estates may involve additional tax planning and more complex strategy.
Q: Can I update my estate plan after marriage, divorce, or the birth of a child?
A: Yes. Major life events are a good time to review and update your estate plan.
Q: Should I review my estate plan regularly?
A: Yes. It is wise to review your plan after major life changes and periodically over time.