Common Mistakes People Make When Creating a Will in Texas
Creating a will is one of the most important steps you can take to protect your loved ones and your legacy. Yet many people in Texas unknowingly make mistakes that can cause confusion, delays, or even legal disputes after they are gone. At Watson Law Firm, we regularly see how small oversights in estate planning can lead to big problems later, especially when real estate or blended families are involved.
Understanding these common mistakes can help you create a will that truly reflects your wishes and stands up under Texas law.
Waiting Too Long to Create a Will
One of the most common mistakes is simply not creating a will at all. Many people assume they have plenty of time or believe their estate is too small to require formal planning. Unfortunately, life is unpredictable. If you pass away without a will in Texas, state law decides how your assets are distributed, which may not align with your intentions.
Creating a will early gives you peace of mind and ensures your wishes are documented, even if your circumstances change later.
Using Generic or Online Templates
Online templates and do it yourself wills may seem convenient, but they often fail to account for Texas specific laws and individual situations. A will that looks valid on paper may be unclear, incomplete, or legally ineffective when it matters most.
Texas has specific requirements regarding execution, witnesses, and language. A poorly drafted will can be challenged or partially invalidated, creating unnecessary stress for your family.
Forgetting to Update the Will
Life changes quickly. Marriage, divorce, births, deaths, property purchases, and business changes all affect your estate plan. A will created years ago may no longer reflect your current wishes.
Failing to update a will can result in assets going to unintended beneficiaries or important people being left out entirely. Regular reviews help ensure your will remains accurate and relevant.
Overlooking Real Estate Planning
Real estate is often one of the most valuable assets in an estate, yet it is frequently overlooked or improperly addressed. Property ownership, joint ownership, and beneficiary designations must be carefully considered.
As a real estate attorney in Wichita Falls, we often help clients address how homes, land, and investment properties should be handled in a will. Without clear instructions, real estate can become a major source of conflict among heirs.
Naming the Wrong Executor
Choosing an executor is just as important as deciding who inherits your assets. Some people name an executor without considering whether that person is capable, willing, or geographically practical.
An executor should be organized, trustworthy, and able to handle legal and financial responsibilities. Naming someone unsuitable can slow down the probate process and increase the likelihood of disputes.
Ignoring Guardianship for Minor Children
For parents, failing to name a guardian for minor children is a serious oversight. If no guardian is named, the court will decide who takes on that role, which may not reflect your preferences.
Including guardianship provisions in your will ensures your children are cared for by someone you trust if the unexpected happens.
Confusing a Will With Other Estate Planning Tools
Many people misunderstand the role of a will and assume it covers every estate planning need. In reality, a will is just one part of a broader plan. For example, some assets pass outside of a will through beneficiary designations or joint ownership.
Understanding will vs trust considerations is important, especially if you want to avoid probate, protect privacy, or manage assets over time. Choosing the right tools depends on your goals, family situation, and asset structure.
Failing to Follow Proper Signing Requirements
In Texas, a will must meet strict legal requirements to be valid. This includes proper signing and witnessing. A will that is not executed correctly can be challenged or rejected entirely.
Even minor errors in execution can render a will ineffective, which is why professional guidance is so important.
Assuming a Will Cannot Be Contested
Some people believe that once a will is written, it cannot be challenged. In reality, wills can be contested under certain circumstances, such as lack of capacity, undue influence, or improper execution.
A clearly written, properly executed will reduces the risk of disputes and protects your intentions.
How Professional Guidance Helps
Estate planning is not just about paperwork, it is about clarity, protection, and long term peace of mind. Working with an experienced attorney helps ensure your will is legally sound and tailored to your unique situation.
At Watson Law Firm, we help clients in Wichita Falls and surrounding areas create wills that address real estate, family dynamics, and future planning concerns. Our goal is to help you avoid common mistakes and create an estate plan that truly works when it matters most.
Take the First Step With Confidence
Creating a will does not have to be complicated, but it does need to be done correctly. By avoiding these common mistakes, you can protect your loved ones and your legacy.
If you are ready to create or update your will, visit cfw-law.com to learn more about how Watson Law Firm can help you plan with confidence and clarity.
