Texas estate laws are unique—and if you live in McAllen, understanding these laws is critical for protecting your family’s financial future. Whether you’re creating your first will or updating your estate plan, being aware of how state laws apply can help you make smart, informed decisions.
Understand the Basics of Texas Intestacy Laws
When someone dies without a will in Texas, the state follows intestate succession laws to determine who receives the assets. For families in McAllen, this can create unintended consequences, especially for blended families or unmarried couples.
If you don’t have a will in place:
- The court decides who inherits your property
- Minor children may receive assets without a guardian to manage them
- Your partner may be excluded if you’re not legally married
Creating an estate plan ensures that your wishes—not the state’s default rules—are followed.
Protect What Matters Most with a Valid Texas Will
A legally valid will is the foundation of any estate planning strategy in McAllen. Texas has specific requirements that must be followed for your will to be enforceable, including:
- The testator must be at least 18 years old and of sound mind
- The will must be in writing and signed
- Two credible witnesses must also sign the document
Failure to meet these requirements could result in the will being contested or ignored entirely in probate court.
Avoid Probate Headaches with Smart Planning
In Texas, probate can be time-consuming and stressful for families. Fortunately, there are ways to simplify or even avoid the probate process altogether.
You may want to consider:
- Creating a revocable living trust
- Naming beneficiaries on retirement and financial accounts
- Setting up transfer-on-death (TOD) or payable-on-death (POD) designations
These strategies allow your assets to transfer directly to loved ones without going through the court system.
Take Advantage of Texas Community Property Rules
Texas is a community property state, meaning that most assets acquired during a marriage are owned equally by both spouses. This can affect how your estate is distributed—especially if you’re remarried or have children from a previous relationship.
Proper planning allows you to:
- Clearly define separate and community property
- Provide for children from different marriages
- Prevent family disputes over asset ownership
An estate planning attorney in McAllen can help you navigate these sensitive issues.
Work With a Local Attorney Who Understands Texas Law
Estate planning for McAllen families requires local knowledge. A lawyer who understands the Texas Estates Code and the needs of McAllen residents can tailor a plan that works for your unique situation.
By working with Fryer & Hansen, you’ll benefit from:
- Legal guidance customized to Texas estate law
- Support in creating wills, trusts, and powers of attorney
- A plan that minimizes tax burdens and protects your legacy
Ready to Get Started?
Don’t let the state decide what happens to your family’s future. Contact Fryer & Hansen today to schedule a personalized consultation and take the first step in creating a solid, legally sound estate plan for your loved ones.