How Often Should I Review and Update My Estate Plan in Texas?

Life here in the Rio Grande Valley moves faster than it used to. Families grow, businesses in McAllen expand, and unfortunately, relationships sometimes end. When I sit down with clients, I often find their estate plans haven’t kept pace with their lives. They created a will ten years ago, put it in a drawer, and forgot about it.

That is a dangerous mistake.

An outdated will can be worse than no will at all. It can leave your assets to the wrong people, create tax nightmares, or force your family into a long battle in the Hidalgo County Probate Court. I take pride in being “the machine” for my clients—I work tirelessly to ensure every detail is correct. But I can only protect you if your plan reflects your current reality.

Here is the straightforward truth on when you need to call me for a review.

The 3-to-5-Year Benchmark

You should pull your estate planning documents out of the safe every three to five years. Even if you think nothing significant has happened, laws change. Your financial situation shifts.

Read through your will, your powers of attorney, and your medical directives. Ask yourself: Does this still sound like what I want? If the answer is “maybe” or “no,” we need to talk.

Immediate Triggers: Major Life Events

Waiting five years is fine for a maintenance check, but certain life events demand immediate action. Texas statutes are specific about how marriage, divorce, and children affect your estate.

Marriage and Divorce

Texas is a community property state. When you get married, the presumption of what you own shifts. If you pass away without updating your will, your new spouse and your children from a previous relationship could end up in a complex legal tangle over who owns your house or your savings.

Divorce is even more critical. Under Texas Estates Code Section 123.001, if you divorce, Texas law automatically voids any gift you left to your ex-spouse in your will. It treats them as if they had passed away before you.

That sounds like a safety net, but it creates a vacuum. If your will left everything to your spouse and didn’t name a backup beneficiary, that property might pass to your heirs according to state intestacy laws, not your wishes. You need to take control and rewrite the terms yourself.

New Children or Grandchildren

If you have a child after you write your will, Texas law attempts to protect them. Texas Estates Code Section 255.053 deals with “pretermitted children.” If your will fails to mention a child born or adopted after the will was executed, the law might entitle them to a share of your estate.

While this statute prevents a child from being accidentally disinherited, the state’s calculation of their share might not match what you intended. It is cleaner, safer, and faster to add them to your estate plan explicitly.

Changes in Texas Law

State legislature updates can render your documents obsolete even if your family situation hasn’t changed.

A prime example is the Statutory Durable Power of Attorney. This document grants someone the authority to manage your finances if you are unable to do so. In 2017, the Texas Legislature significantly overhauled Chapters 751 and 752 of the Estates Code, changing the statutory form and the rules for how banks must accept them.

If you are relying on a Power of Attorney from 2010, a bank teller might hesitate to honor it because it lacks the modern statutory language. I don’t want your family fighting with a bank manager when they should be focusing on your care. We need to ensure that your forms comply with the current letter of the law.

Moving to the Valley from Out of State

I see many people moving to McAllen from other states. If you executed your will in Florida, New York, or California, it is generally valid in Texas if it meets specific requirements.

The problem usually isn’t validity; it’s the process. Texas allows for a “self-proving affidavit” under Texas Estates Code Section 251.1045. This is a specific, notarized statement attached to the will that lets the court accept it without calling the witnesses to testify.

Many out-of-state wills do not have a self-proving affidavit that meets Texas standards. If you pass away here with a non-compliant will, your family might have to track down the two people who watched you sign the document twenty years ago in another state. If those witnesses have moved or passed away, probating your will becomes expensive and complicated. Updating your plan to a Texas-specific will can eliminate this headache.

Assets and Beneficiaries

Did you sell the lake house you specifically left to your nephew? If that asset no longer exists, the gift fails. We call this “ademption.” Your nephew gets nothing in its place unless your will explicitly states otherwise.

Review your asset list. If you have bought or sold significant property, or if you have opened new investment accounts, we need to ensure that your estate plan accounts for these transactions.

How We Update: Codicil vs. New Will

Clients often ask if they can just cross out a line in their will and initial it. Do not do this. Handwritten interlineations can invalidate parts of your will or the entire document.

We have two ways to update your plan properly:

1. Codicil: This is a legal amendment attached to your existing will. It is helpful for minor changes, like swapping an executor.
2. New Will: This is usually the better option. We revoke the old will entirely and execute a fresh, clean document. This avoids confusion and keeps your private history private—your new will doesn’t need to show the court who you removed or what you changed.

No Stone Left Unturned

I am extremely hands-on with my clients because I know what is at stake. I don’t just draft documents; I build fortresses around your legacy. When you trust me with your estate plan, you get “the machine”—an advocate who works relentlessly to ensure your wishes are clear, legal, and ironclad.

If it has been more than three years since you last reviewed your will, or if your life circumstances have changed, do not wait. Let’s sit down face-to-face and get this right.

Call me today at 956-707-3610. I am ready to work for you.