5 Life Events That Mean It's Time to Update Your Texas Estate Plan
- Emily Badeaux
- Jun 8
- 3 min read
Creating an estate plan is one of the most responsible things you can do for your family. But it is not something you do once and put in a drawer forever.
Your estate plan reflects your life at the moment it was created. As your life changes — and it will — your documents need to change with it. Texas probate courts enforce what your documents say, not what you meant to do. An outdated will can create confusion, family conflict, and outcomes you never intended. Estate planning professionals generally recommend reviewing your plan every three to five years, and immediately after any of the following life events.
1. You Got Married
Marriage is one of the most significant triggers for updating an estate plan. Texas is one of nine states that follows community property law, which means that most property acquired during a marriage is jointly owned by both spouses — regardless of whose name is on the account or title.
If you had a will before marriage that does not account for your new spouse, you need to update it. You will also want to review beneficiary designations on life insurance policies and retirement accounts separately, because those pass outside of your will and must be updated independently.
2. You Got Divorced
Under Texas Estates Code § 123.001, divorce automatically revokes provisions in your will that benefit a former spouse. That offers some protection — but it is not a complete solution.
Beneficiary designations on retirement accounts, life insurance policies, and payable-on-death bank accounts are not automatically updated by divorce. If you do not change them, your ex-spouse may still receive those assets regardless of what your will says.
Guardianship designations and power of attorney documents also need to be revisited and updated to reflect your new circumstances.
3. You Had or Adopted a Child
The arrival of a new child requires immediate attention to your estate plan. Your will should be updated to include guardianship instructions designating who will care for your child if something happens to you. If your child is not named in an existing will, Texas law may treat them as a pretermitted heir, which can complicate the distribution of your estate.
This is also a good time to consider whether a trust makes sense for your situation. A trust can specify how and when assets are distributed to a minor child, rather than leaving a lump sum to be managed by a court-appointed guardian until they turn 18.
4. You Lost Someone Named in Your Plan
If a beneficiary, executor, or designated guardian passes away and you do not update your documents, the gap they leave behind can cause real problems. Your estate plan needs to name current, living people who are still willing and able to serve in the roles you have assigned them.
Do not assume Texas law will sort it out in a way that reflects your wishes. Review your plan and update it promptly when someone named in your documents passes away.
5. Your Financial Picture Changed Significantly
Buying a home, starting or selling a business, receiving an inheritance, or acquiring significant new assets are all reasons to revisit your estate plan. What made sense for your situation five years ago may not reflect your current needs or goals.
This is also true in reverse. A significant change in your financial circumstances may affect which estate planning tools are most appropriate for you, and whether your existing documents still do what you need them to do.
An outdated estate plan can be almost as problematic as no plan at all. At Jennings Law Firm, Bethany reviews your full picture — not just the document in front of her — to make sure everything works together the way you intend.
If you have questions about estate planning, wills, trusts, or probate in Texas, Jennings Law Firm is here to help. Bethany Jennings is an Abilene estate planning attorney with over eighteen years of experience helping Texas families protect their wishes and plan for the future.
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