For many people, the start of a new year feels like a fresh slate. It’s a time when we reflect on the past year, make resolutions, and think about how we want the year ahead to look. While goals like exercising more or saving money often top the list, one important task is frequently overlooked: reviewing or updating your estate plan.
Estate planning is not just about preparing for the end of life. It’s about making sure your wishes are respected if something unexpected happens and protecting the people you care about most. If you’ve experienced changes in your family, finances, or health over the past year, the new year is an ideal time to make sure your estate planning documents still reflect your intentions.
Important: This article provides general information about Texas law and is not legal advice. Every situation is different. If you have questions about your estate plan, speaking with a Texas attorney is the best way to protect your interests.
Why the New Year Is a Smart Time to Review Your Estate Plan
Estate planning is something many people know they should do—but often put off. Life gets busy, and thinking about incapacity or death can be uncomfortable. Unfortunately, delaying these decisions can leave important choices in the hands of Texas default laws rather than your own voice.
The beginning of the year is a natural checkpoint to ask:
- Has anything changed in my life?
- Do my current documents still reflect my wishes?
- Would my loved ones know what to do if I became incapacitated?
Major life events—many of which arise in family law matters—are often the reason estate plans need updating.
Life Changes That May Require an Estate Plan Update
If any of the following occurred in the past year, it’s a good idea to review your estate planning documents:
- Marriage or remarriage
- Divorce or separation
- Birth or adoption of a child
- Changes in custody or parenting arrangements
- Death of a spouse, family member, or named beneficiary
- Significant changes in assets or finances
- Health changes affecting long-term decision-making
Family law events such as divorce or remarriage are especially important triggers. For example, you may want to remove a former spouse from decision-making roles or update guardianship provisions for minor children.
Updating Your Will
One of the most important estate planning documents is a Will. A Will allows you to clearly state how your property should be distributed upon your death and who should be responsible for carrying out those wishes.
Without a valid Will, your estate may be distributed according to Texas intestacy laws. That means:
- Assets may go to relatives you did not intend to benefit
- Loved ones may face delays, confusion, or conflict
- The court—not you—controls the outcome
Updating your Will ensures that your estate plan reflects your current family structure, relationships, and priorities.
Durable Power of Attorney and Medical Power of Attorney
Estate planning is not just about what happens after death. It also addresses what happens if you become incapacitated and unable to make decisions for yourself.
Durable Power of Attorney
A Durable Power of Attorney allows you to appoint someone you trust to make financial decisions on your behalf if you are unable to do so. This authority remains effective even if you become incapacitated.
Without this document, your family may need to pursue guardianship through the court—a process that can be expensive, time-consuming, and emotionally draining.
Medical Power of Attorney
A Medical Power of Attorney lets you designate a trusted person to make healthcare decisions if you cannot communicate your wishes. This is especially important when families have differing opinions or when medical decisions must be made quickly.
The Importance of a Living Will
A Living Will, also known as an Advance Medical Directive, allows you to state your preferences regarding life-sustaining treatment if you are unable to make decisions and are:
- In a terminal condition, or
- In a state of permanent unconsciousness
This document helps ensure that your healthcare agent follows your wishes rather than being forced to guess during an emotionally difficult time.
Without a Living Will, end-of-life decisions may fall to family members who are unprepared or uncertain about what you would want.
Estate Planning After Divorce or Family Changes
Family law changes often require estate plan updates, but this step is commonly overlooked. After a divorce, for example, you may need to:
- Update beneficiaries
- Change powers of attorney
- Revisit guardianship choices
- Adjust asset distribution plans
Failing to update documents after a divorce or custody change can result in outdated provisions that no longer reflect your intentions.
Start the Year With Peace of Mind
An updated estate plan provides clarity, reduces uncertainty, and helps protect your loved ones from unnecessary stress. While it’s not always easy to think about these topics, addressing them now can prevent complications later.
If you live in Texas and are considering creating or updating your estate plan, now is a meaningful time to take that step.
👉 Contact Kristin Kline to review or update your estate planning documents and make sure your wishes are clearly documented under Texas law.