7 Life Events That Require Changes
Your grandmother’s antique china set just went to your ex-husband. Your current spouse received nothing. Your newborn daughter isn’t mentioned anywhere in your estate plan. Sounds like a nightmare? Unfortunately, this scenario plays out in Texas probate courts more often than you might think—all because someone forgot to update their will after major life changes.
Creating a will represents just the first step in estate planning. Life doesn’t stand still after you sign those documents, and neither should your will. Major life events can completely alter your intentions, relationships, and financial situation, making your carefully crafted estate plan obsolete or even counterproductive.
In Texas, failing to update your will can lead to unintended consequences that go far beyond hurt feelings at family gatherings. Your assets might end up in the wrong hands, your children could be left without proper guardianship arrangements, and your loved ones might face unnecessary legal battles during an already difficult time.
1. Marriage or Remarriage
Your New Spouse Needs Protection
Getting married changes everything about your estate planning picture. In Texas, marriage doesn’t automatically revoke your existing will, but it can create significant complications if you don’t update your documents promptly.
Under Texas law, if you die with a will that was executed before your marriage and doesn’t provide for your surviving spouse, your spouse may still be entitled to receive a portion of your estate. According to Texas Estates Code Section 255.001, your surviving spouse can claim the same share they would have received if you had died without a will at all. This statutory provision exists to prevent the accidental disinheritance of spouses.
The community property system in Texas adds another layer of complexity. When you marry, assets acquired during the marriage generally become community property, owned equally by both spouses. Your will should reflect this new reality and clearly address how both separate and community property will be distributed.
Remarriage brings additional considerations, particularly if you have children from a previous relationship. You’ll want to balance providing for your new spouse while ensuring your children receive their intended inheritance. Many Texas couples in second marriages choose to create wills that provide for the surviving spouse during their lifetime while ultimately preserving assets for children from previous relationships.
Don’t forget about beneficiary designations on life insurance policies, retirement accounts, and other financial instruments. These designations typically override what your will says, so updating them becomes just as important as revising your will itself.
2. Divorce or Legal Separation
Removing Your Former Spouse
Divorce dramatically changes your estate planning needs, and Texas law provides some automatic protections, but they might not align with your intentions. Under Texas Estates Code Section 123.001, divorce automatically revokes any provision in your will that benefits your former spouse, treats them as a beneficiary, or names them as an executor.
However, this automatic revocation only applies to your ex-spouse directly. If your will leaves assets to your former in-laws or creates trusts that could indirectly benefit your ex-spouse, those provisions remain in effect unless you specifically revoke them.
The automatic revocation rule also doesn’t apply to life insurance policies, retirement accounts, or other assets with beneficiary designations. You must manually update these beneficiaries, or your ex-spouse could still receive these benefits even after your divorce is final.
Property division during divorce proceedings affects your estate planning too. Assets you thought you owned might be awarded to your former spouse, while you might receive new assets that weren’t part of your original estate plan. Your will needs to reflect your post-divorce asset portfolio accurately.
If you have minor children, divorce often changes your thoughts about guardianship. You might want to name someone other than your ex-spouse as guardian, or you might want to add provisions about how your children’s inheritance should be managed if your ex-spouse becomes their guardian.
3. Birth or Adoption of Children
Protecting Your Growing Family
Nothing changes your priorities like becoming a parent. Your new child needs protection, and your existing will might not provide it adequately. Texas law does provide some protection for children born after a will is executed, but these “pretermitted heir” statutes might not distribute your assets the way you’d prefer.
Under Texas Estates Code Section 255.051, if you have a child after executing your will and don’t update the document, your afterborn child may be entitled to receive the same share they would have received if you had died without a will. This provision prevents the accidental disinheritance of children, but it might disrupt your intended distribution plan.
Adoption creates the same legal relationship as biological parenthood in Texas, so adopted children have the same inheritance rights as biological children. If you adopt a child, you should update your will to reflect this new relationship and ensure your adopted child is specifically included in your estate plan.
Beyond inheritance issues, becoming a parent raises important guardianship questions. Who will care for your minor children if both parents die? Your will should name both primary and backup guardians for your children. Without these provisions, a court will decide who raises your children, and their choice might not match your preferences.
You’ll also want to consider creating trusts for minor children rather than leaving assets to them outright. Texas law requires court supervision of inheritances received by minors, creating ongoing legal complications and expenses. A properly structured trust can avoid these issues while providing more flexibility in how your children’s inheritance is managed.
Financial planning for your growing family might require updating your will to reflect new assets like life insurance policies purchased to provide for your children, college savings accounts, or changes in your employment benefits.
4. Death of Beneficiaries or Executors
Updating Your Key Players
When someone named in your will dies, you need to update your estate planning documents. This applies not just to primary beneficiaries, but also to backup beneficiaries, executors, trustees, and guardians for minor children.
Texas law provides some guidance for what happens when beneficiaries die before you do. Under the state’s anti-lapse statute, Texas Estates Code Section 255.151, if a beneficiary who is your descendant dies before you but leaves descendants of their own, those descendants may inherit the deceased beneficiary’s share. However, this rule only applies to specific family relationships and might not produce the results you want.
The death of your named executor creates different challenges. Your will should always name backup executors, but if all your named choices become unavailable, the court will appoint someone to handle your estate. This court-appointed administrator might not be someone you would have chosen and might not be familiar with your wishes or family dynamics.
Similarly, if guardians named for your minor children become unable to serve, you want backup choices in place rather than leaving this crucial decision to a judge who doesn’t know your family.
When updating your will after key players die, consider not just replacing them but also reviewing whether your overall estate plan still makes sense. The death of a close family member might change your thoughts about how you want your assets distributed or who you trust to carry out your wishes.
5. Significant Changes in Assets
Reflecting Your New Financial Picture
Major changes in your financial situation require will updates to ensure your estate plan remains effective. This includes both increases and decreases in your wealth, as well as changes in the types of assets you own.
If you’ve started a business, your will needs to address what happens to your business interests. Will your surviving spouse or children want to continue operating the business? Should the business be sold and the proceeds distributed? Do you need to create specific provisions for business succession? These questions require careful planning and often involve creating additional estate planning documents beyond just updating your will.
Real estate transactions also affect your estate plan. If you sell your family home and purchase a vacation property in another state, your will should reflect this change. Different states have different laws about real estate inheritance, and your will might need specific provisions to address out-of-state property.
Retirement account balances often represent a significant portion of people’s estates, but these accounts pass directly to named beneficiaries regardless of what your will says. As your retirement savings grow or as you change jobs and rollover accounts, make sure your beneficiary designations align with your overall estate planning goals.
Investment portfolios change over time, and your will should reflect your current asset mix. If you initially planned to leave specific stocks or mutual funds to certain beneficiaries, but you’ve since sold those investments, your will needs updating to reflect your current holdings.
Large gifts or inheritances you receive also change your estate planning picture. If you inherit property from your parents or receive a substantial gift, you might want to adjust how your own assets will be distributed to maintain fairness among your beneficiaries.
6. Moving to Different States
Addressing New Legal Requirements
Relocating to Texas from another state, or moving from Texas to another state, can affect your estate planning documents. While wills executed in other states are generally valid in Texas if they met the legal requirements of the state where they were created, differences in state laws might make updates advisable.
Texas follows specific requirements for will execution under Texas Estates Code Section 251.051. Your will must be in writing and signed by you, or by another person at your direction and in your presence. The signing must be witnessed by two credible witnesses who are at least 14 years old, and these witnesses must sign the will in your presence.
If your existing will doesn’t meet Texas requirements, it might still be valid if it met the requirements of the state where it was executed. However, having a will that clearly complies with Texas law can prevent complications during probate proceedings.
Community property laws in Texas might be different from the property laws in your previous state. If you were married and lived in a common law property state before moving to Texas, assets you considered separate property might now be treated as community property, or vice versa.
Tax implications can also change when you move between states. While Texas doesn’t have a state estate tax, your previous state might have had one, or if you move from Texas to another state, you might become subject to new tax obligations that require estate planning adjustments.
Homestead laws vary significantly between states. Texas provides generous homestead protections that might affect your estate planning strategies. Your will should take advantage of these protections while ensuring your property distribution plans remain effective.
7. Changes in Relationships with Beneficiaries
Reflecting Your Current Wishes
Family relationships evolve over time, and your will should reflect your current feelings about how your assets should be distributed. This might involve adding new beneficiaries, removing others, or changing the amounts different people will receive.
Adult children’s circumstances change, and you might want to adjust their inheritances accordingly. A child who struggled financially when you first created your will might now be successful and need less support, while another child might have developed substance abuse problems that make a direct inheritance inadvisable.
Grandchildren often become important beneficiaries as your family grows. You might want to create educational trusts for grandchildren or adjust your primary beneficiaries’ shares to account for these new family members.
Charitable giving intentions can also evolve. You might become involved with new charitable organizations or decide that causes you previously supported no longer align with your values. Your will should reflect your current charitable intentions.
Sometimes relationship changes are more dramatic. If a beneficiary has behaved badly toward you or other family members, you might want to reduce or eliminate their inheritance. Texas law generally allows you to disinherit adult children, but you should be explicit about your intentions to prevent will contests.
On the positive side, you might develop close relationships with people who weren’t originally included in your will. Friends who become like family, caregivers who provide exceptional service, or new family members through marriage might deserve consideration in your updated estate plan.
How Often Should You Review Your Will?
Estate planning professionals generally recommend reviewing your will every three to five years, even if no major life events have occurred. This regular review ensures that your will continues to reflect your current wishes and takes advantage of any changes in the law.
However, the seven life events discussed above should trigger immediate will reviews regardless of when you last updated your documents. Don’t wait for your regular review cycle if you’ve experienced marriage, divorce, the birth or adoption of children, deaths of key people named in your will, significant asset changes, relocation, or major relationship changes.
Tax law changes can also affect estate planning strategies. While federal estate tax affects relatively few people due to high exemption amounts, changes in income tax laws or state tax policies might require estate plan adjustments.
Changes in your health or the health of family members might also warrant will updates. If you develop a serious illness, you might want to accelerate certain gifts or adjust your distribution timeline. If beneficiaries develop health problems, you might want to structure their inheritances differently to protect their eligibility for government benefits.
Frequently Asked Questions
Do I need to completely rewrite my will, or can I just add amendments?
Texas law allows you to modify your will through documents called codicils, which are amendments that change specific provisions without rewriting the entire will. However, codicils must meet the same execution requirements as wills, including proper witnessing. For major changes or multiple modifications, creating a new will often provides more clarity and reduces the risk of confusion or conflicts between documents.
What happens if I get divorced but don’t update my will right away?
Texas law automatically revokes any provisions in your will that benefit your ex-spouse or name them as executor, but this protection only applies to your former spouse directly. Other provisions that might indirectly benefit your ex-spouse remain in effect, and beneficiary designations on life insurance and retirement accounts are not automatically changed by divorce.
Can I disinherit my children in Texas?
Yes, Texas law generally allows you to disinherit adult children, but you must be explicit about your intentions. Simply omitting a child from your will might not be sufficient, as they could claim they were accidentally forgotten. If you want to disinherit a child, your will should specifically state this intention to help prevent successful will contests.
How do I update beneficiaries on my retirement accounts and life insurance?
These beneficiary designations are typically updated directly with the financial institution or insurance company, not through your will. Contact each company to request beneficiary change forms. Some companies allow online updates, while others require written forms with signatures. Keep copies of all beneficiary designation changes with your estate planning documents.
What if someone named in my will moves out of state?
Moving to another state doesn’t disqualify someone from serving as executor or receiving inheritances, but it might create practical complications. Out-of-state executors might need to post bonds or work with local representatives. You might want to name local backup executors or consider whether distant beneficiaries’ circumstances have changed enough to warrant adjusting their inheritances.
Should I tell my family when I update my will?
While you’re not legally required to discuss your will with family members, communication can prevent surprises and reduce the likelihood of disputes after your death. You don’t need to share specific details, but letting key family members know that you’ve updated your estate plan and explaining your general intentions can be helpful.
How long does it take to update a will in Texas?
The timeline depends on the complexity of the changes needed. Simple updates might be completed in a few weeks, while comprehensive estate plan revisions could take several months. The process involves reviewing your current documents, discussing changes with your attorney, drafting new documents, and properly executing them with required witnesses.
Contact Us for Your Estate Planning Needs
Life changes quickly, and your estate plan should keep pace. Whether you’re experiencing one of the seven major life events discussed above or simply haven’t reviewed your will in several years, now is the perfect time to ensure your estate planning documents reflect your current wishes and circumstances.
At Strickland Law Firm, PLLC, we help Texas families create and maintain estate plans that provide security and peace of mind. Our thorough approach addresses not just your will, but all aspects of estate planning, including trusts, powers of attorney, and medical directives.
Don’t let an outdated will create problems for your loved ones. Your family deserves the protection that comes from current, properly executed estate planning documents that reflect your wishes and take advantage of Texas law.
Ready to review or update your will? We’re here to help you protect what matters most. Contact us today to schedule your consultation and take the first step toward ensuring your estate plan serves your family’s needs both now and in the future.
