Hey there, and welcome to Texas! If you’ve recently moved to the Lone Star State, congratulations! Whether you’re here for work, retirement, or just a change of scenery, Texas has a lot to offer. But one thing you might not have thought about yet is your estate plan—and that’s where we come in.
We’re Chris Parker and Kristen Ishihara of Ishihara and Parker Law Firm, and we want to make sure your estate planning documents work as they should here in Texas. A lot of people bring their wills, trusts, and powers of attorney from other states, thinking they’re all set. And while those documents are still legally valid, there are some important things you should know to avoid headaches down the road.
This is the first and most important step. Even though your documents from another state are still technically valid, Texas laws will control what happens to your assets here. That means your will, trust, or power of attorney might not work exactly as you expect. A quick review with a Texas estate planning attorney can save you (and your family) a lot of trouble later on.
If there’s one thing you should update, it’s your powers of attorney—both financial and medical. Every state has different formats for these documents, and banks and hospitals here in Texas are used to seeing Texas-specific forms. If you show up with a power of attorney from, say, Ohio or California, you might run into issues. The last thing you want is for a bank or medical provider to reject your document when you need it most.
Texas has its own rules when it comes to real estate ownership and what happens when someone passes away. Some states, like Florida, have joint ownership with automatic rights of survivorship—meaning when one owner passes, the other automatically gets the property. That’s not how it works in Texas. If your property is titled a certain way, your half could end up going through probate instead of directly to your spouse or kids.
Texas also has a much simpler and more affordable probate process compared to other states (we’re looking at you, California!). In some places, probate can be expensive, so people use revocable living trusts to avoid it. In Texas, that’s not always necessary, but it depends on your situation. A good estate planning attorney can help you figure out what’s best for you.
A lot of folks moving from states like California bring a revocable living trust with them. That’s great—but did you remember to put your new Texas home and bank accounts into it? We see a lot of people forget to “fund” their trust after moving. If your assets aren’t properly titled in the name of the trust, the trust won’t do what it was meant to do. If you have a trust, it’s worth double-checking that everything is set up correctly under Texas law.
Another common mistake we see? People leave their original estate planning documents in a safe deposit box back in their old state. If your will, trust, or power of attorney is sitting in a bank vault in California, that’s not going to help your family in Texas. Originals are often required here, so be sure to bring them with you when you move.
Texas is a community property state, which can affect how assets are divided—especially in blended families. If you have kids from a previous relationship, things may not go the way you expect if you don’t have a clear estate plan in place. The best way to avoid family disputes later on is to get everything in writing now.
Moving to a new state is exciting, but it also means adjusting to new laws. Don’t wait until it’s too late—take a little time now to make sure your estate plan is Texas-friendly. If you need help, we’d love to sit down with you and make sure everything is in good shape.
Welcome to Texas, and let’s make sure your estate plan is ready for this next chapter in your life!
Need an estate plan review? Contact Ishihara & Parker Law Firm at longviewestateplan.com to set up a consultation!
Ishihara & Parker Law Firm PLLC
3000 H.G. Mosley Pkwy
Longview, TX 75605
p. 430-625-3110