An estate plan reflects your life at a particular point in time. You choose beneficiaries based on the
people who matter to you, name individuals you trust to handle important responsibilities, and make
decisions based on the property and circumstances you have at the time.
Five or ten years later, some of those choices may no longer make sense.
A marriage, new child, move, home purchase, or change in family relationships can all be reasons to
take another look. Reviewing your estate plan after an important life change can help make sure the
documents you already have still reflect what you want.
Marriage or Divorce
Marriage may change whom you want to name as a beneficiary or give authority under a power of
attorney. It can also affect decisions about property and who should handle your affairs if you become
incapacitated.
Divorce deserves particular attention. Texas law addresses the effect of divorce on certain provisions
involving a former spouse, but relying on those rules is not the same as intentionally updating your
plan.
Your will is only one piece to review. Trusts, powers of attorney, beneficiary designations, and other
documents or accounts may also need attention.
The Birth or Adoption of a Child
Welcoming a child can change both whom you want to protect and how you want your estate handled.
Parents of minor children may want to name someone they would trust to serve as guardian if
necessary. They may also want to consider how an inheritance should be managed while a child is
young.
An existing plan may have been created before the child joined the family. Even if it already includes
provisions for future children, this can be a good time to make sure the choices you previously made
still fit your family.
Buying or Selling a Home
A change in real estate can affect an existing estate plan, particularly when a trust is involved.
If you purchase a new home, for example, simply having a trust does not necessarily mean the
property has become part of it. How the property is titled matters.
Selling property specifically addressed in an estate plan can also be a reason for review. The goal is to
make sure your documents and the property you actually own continue to work together.
A Significant Change in Your Finances
An estate plan created when your finances were relatively simple may need another look after a
substantial financial change.
Perhaps you received an inheritance, sold a business, acquired investment property, or experienced
another significant increase or decrease in assets.
The change does not automatically mean you need an entirely new estate plan. It may, however, affect
how you want property distributed, whether your existing planning strategies still make sense, or who
is best suited to manage certain responsibilities.
A Person You Named Can No Longer Serve
Estate plans depend on people as well as documents.
You may have named an executor, trustee, agent under a power of attorney, or another person to take
on an important role.
Relationships change. People move, develop health problems, or experience changes in their own
lives. Someone may also die before you or simply no longer be willing to take on the responsibility.
It is worth periodically asking whether the people named in your documents are still the people you
would choose today.
Moving to Texas From Another State
A move to Texas is another good opportunity to have an existing estate plan reviewed.
You do not necessarily need to start over simply because you crossed state lines. However, states
have different laws governing wills, trusts, marital property, powers of attorney, and estate
administration.
A Texas estate planning attorney can review documents prepared elsewhere and identify whether
changes would make the plan work better under Texas law and your current circumstances.
Don’t Forget the Accounts Outside Your Will
Reviewing an estate plan should not stop with the documents in your attorney’s file.
Life insurance policies, retirement accounts, and certain other assets may pass according to
beneficiary designations. If those designations were completed years ago, they may no longer reflect
your wishes.
Marriage, divorce, the birth of a child, or the death of a beneficiary can all be reasons to review them.
This is particularly important because changing a will does not necessarily change the beneficiary
named directly on an account or policy.
What If Nothing Major Has Changed?
You do not need a major life event to take another look at your estate plan.
Over time, your property, relationships, and priorities may change even without one major
event.
Rather than focusing on an arbitrary deadline, ask a simpler question: Does my estate plan still reflect
my life and the decisions I would make today?
If the answer is unclear, it may be time for a review.
Frequently Asked Questions
Do I need an entirely new estate plan every time something changes?
Not necessarily. Some changes may require an update to a particular document or beneficiary
designation rather than a completely new plan. The appropriate approach depends on what changed
and how your existing plan is structured.
What should I bring to an estate plan review?
It can be helpful to bring the estate planning documents you already have. It will also help to make
note of anything significant that has changed since they were prepared, such as changes in your
family, finances, property, or the people you named in your plan.
Make Sure Your Plan Still Fits Your Life
Leigh Hilton PLLC helps individuals and families in Aubrey and throughout Denton County create and
update estate plans as their lives change. If it has been a while since you reviewed your plan or your
circumstances have changed, call our office at 940-387-8800 or reach out through our website to
schedule a consultation.
Office Hours
Monday: 8:30am - 5pmTuesday: 8:30am - 5pm
Wednesday: 8:30am - 5pm
Thursday: 8:30am - 5pm
Friday: 8:30am - 5pm