Estate planning
Updating your plan after marriage, divorce, or a birth
Updated August 4, 2026
An estate plan reflects your life on the day you sign it. We encourage clients to review their plans every three to five years and after any major life event. Texas law changes some parts of a plan automatically when life changes, but not always in the way people expect.
Marriage
In Texas, getting married doesn't revoke an existing will. A will signed before marriage may leave nothing to a new spouse, although the spouse may still have rights under Texas community property and homestead laws. Because Texas is a community property state, you can generally leave only your half of the community property by will.
After marrying, many people update their will, their beneficiary designations, and the agents named in their powers of attorney. If you signed a prenuptial or marital property agreement, your estate plan should be consistent with it.
Divorce
Texas law automatically changes several parts of a plan after a divorce or annulment:
- Provisions in your will in favor of your former spouse, and your former spouse's relatives who aren't also your relatives, are generally revoked unless the will says otherwise.
- Similar rules generally apply to provisions in a revocable trust.
- A former spouse's authority as your agent under a durable power of attorney or a medical power of attorney generally ends.
- A life insurance designation naming a former spouse is generally ineffective under Texas law, unless it was made again after the divorce or the divorce decree requires it.
These automatic rules have limits. Many employer retirement plans are governed by federal law and may still pay a former spouse named as beneficiary, so update designations directly with each plan. While a divorce is pending, court orders may restrict changes to your plan. We don't practice family law, so check with your divorce attorney first.
A new child or grandchild
In Texas, a child born or adopted after you sign your will who isn't mentioned or provided for in it may be entitled to a share of your estate under special rules. Those rules are technical and may not match your wishes, so a new child is a good reason to update your will.
Parents of minor children usually want to nominate a guardian and decide at what age children should receive an inheritance outright. Minors can't receive significant property directly, so beneficiary designations naming children may need a trust or custodian. Adopted children are generally treated the same as biological children for inheritance purposes.
A death in the family
If an executor, trustee, agent, or guardian you named dies or can no longer serve, your plan will rely on the alternates. If you didn't name an alternate, it's time to update. If a beneficiary dies before you, Texas law sometimes passes that gift to the beneficiary's descendants, but not in every case.
A move to or from Texas
A will validly signed in another state is often honored in Texas, but powers of attorney and medical directives from other states may not be accepted as easily, and Texas community property rules can change how a plan works. Our attorneys are licensed only in Texas, so if you move away, have a lawyer in your new state review your plan.
Other common reasons to review
- Buying real estate, especially if you have a trust and need a deed to the trust
- Starting or selling a business
- A significant change in your wealth
- A child turning 18 and needing their own powers of attorney and HIPAA authorization
- A change in your relationship with someone you named
How updates work with us
Small changes can often be made with a codicil to a will or an amendment to a trust, starting at $450. Larger changes may call for a new will or a restated trust. Existing clients can request a plan review for $250, which is credited toward any update. See our estate-planning fee schedule.
Please don't write changes on a signed will; handwritten changes can create confusion or even invalidate part of the will. Beneficiary designations are updated directly with each financial institution, not through your will.
This is general information, not legal advice.