by Kristen Ishihara and Chris Parker with Ishihara & Parker Law Firm PLLC
Hey everyone, I’m Chris Parker, and with me is Chris Ishihara from the Ishihara & Parker Law Firm here in Longview, Texas. With Halloween around the corner, we couldn’t resist the theme — today we’re asking:
“Are you leaving a trick or a treat for your family when you pass away?”
Because while estate planning might not sound spooky, the truth is — mistakes can leave behind some real scares for your loved ones.
Let’s go through the most common “tricks” we see in estate plans — and how to make sure your plan is a treat instead.
We often hear, “My attorney said this is the kind of will that doesn’t need to be probated.” Unfortunately, that’s a myth.
If you have a will, it must be probated in order to transfer title. That’s how the law recognizes your wishes and gives your executor authority to act.
If you want to avoid probate entirely, you’ll need a revocable living trust or another type of estate plan that moves assets outside the probate process.
Otherwise, your will — no matter how well written — is just a suggestion until it goes before a judge.
It’s a common misconception that you need to leave a child or relative “a dollar” so they know they weren’t forgotten.
In Texas, that’s not true — and it can actually create more problems.
Why? Because any beneficiary named in a will, even for a token gift, must be notified by certified mail within 90 days. That means if one child gets “$1” while the others inherit the estate, your executor — who’s probably one of the other children — has to send their sibling a formal letter announcing that fact.
A better approach? Specifically disinherit the person in the will. It’s clearer, it’s legal, and it avoids unnecessary drama.
Texas allows you to name an independent executor, which makes administering your estate much easier.
But if your will doesn’t include specific language authorizing your executor to act “independently and without bond,” your estate could be stuck with a dependent administration.
That means every action — from selling a house to distributing assets — needs court approval. It’s slower, costlier, and adds stress to an already emotional time.
If you drafted your own will or used an online form, this key detail might be missing. Always make sure your executor has the power to act independently.
We see this all the time — someone moves to Texas and brings their old estate documents from another state.
While those documents may have been valid where you came from, they may not meet Texas’s formalities.
Each state has its own requirements — witness rules, notarization, and specific legal language. Even if your out-of-state will is technically valid, it may create confusion or resistance from banks or doctors unfamiliar with non-Texas forms.
If you’ve moved here, or if your family situation has changed, take the time to have your documents reviewed and updated for Texas law.
Your executor must present the original signed will to the court — not a copy — when probating your estate.
If the original can’t be found, the court assumes it was intentionally destroyed, and your executor has to prove otherwise.
That process can be expensive and complicated. To avoid it, store your will safely — somewhere your executor can access, but not just anyone.
If you’re still likely to make changes, keep it with you in a secure place. If your estate plan is final, consider letting your executor keep the original.
The key: make sure it’s safe, findable, and in the right hands.
A good estate plan means your family can grieve without stress — not scramble to fix mistakes.
Talk with an estate planning attorney who focuses specifically on this area of law. They’ll help you catch hidden “tricks” before they cause real problems and ensure your plan is a true “treat” for your loved ones.
From all of us at Ishihara & Parker Law Firm, have a safe and happy Halloween — and make sure your estate plan isn’t the scariest thing about it.
Ishihara & Parker Law Firm PLLC
3000 H.G. Mosley Pkwy
Longview, TX 75605
p. 430-625-3110