How Often Should Texas Families Update Their Estate Plan?

May 1, 2025

I want to have a little heart-to-heart with you.

Because if you’ve ever thought, “Well, I did my will ten years ago, so I’m good,” I’ve got news for you: life doesn’t stand still, and neither should your estate plan.

Your will and estate plan aren’t one-and-done documents. They’re living, breathing reflections of your life, people, values, not to mention your stuff. And just like you wouldn’t ignore your truck’s maintenance for a decade, you shouldn’t ignore your estate plan either. Things change. Life moves. And when it does, your estate plan needs to keep up.

Over the years, I’ve worked with families all across Texas, from young couples just getting started to grandparents thinking about how to take care of the next generation. No matter where you’re, having an up-to-date estate plan is one of the most loving, thoughtful things you can do for your family.

So, how often should you review and update it? Let’s explore the times it really matters and why it matters more than you might think.

Life Changes That Call For An Update To Your Estate Plan

As a rule of thumb, it’s smart to give your estate plan a checkup every 3 to 5 years. But if any of these life events happen, don’t wait—give your plan a fresh look right away:

Marriage or Divorced

This one’s a biggie. Getting married or divorced changes everything: your legal status, your property rights, and who can make decisions for you if something goes wrong.

When you get married, you probably want your spouse to be cared for if something happens to you. That might mean updating your will to name them as a beneficiary, adding them to your power of attorney documents, and making sure they can access your finances or make medical decisions if needed.

Divorce, on the other hand, is a whole different ballgame. You don’t want your ex-spouse inheriting your house or still being listed as the person in charge of your medical decisions, right? Unfortunately, that’s exactly what can happen if you don’t go in and update your estate plan after the split.

I have heard horror stories about clients whose former spouses were still listed as the executor of their will, years after they divorced. That could’ve created a world of trouble if something had happened to the client. Thankfully, it was caught in time. But don’t leave it up to chance.

New Children (or Grandchildren!)

Whether it’s your first baby or your fourth grandchild, every addition to the family is a reason to revisit your estate plan. When you have kids, you need to:

Name a guardian (this is the person who will raise your children if something happens to you)
Set up financial plans like trusts to manage their inheritance until they’re old enough
Update your beneficiaries to make sure each child is included

Even if you already have a plan, make sure every child or grandchild is named and accounted for. If not, it can lead to confusion, hurt feelings, or even a legal battle later on.

And don’t just think about minors here. If you’ve got grown children, you might want to consider their needs, their spouses, or even how responsible they are with money. You might want to set up a trust that releases funds slowly over time rather than handing over a lump sum.

Death or Incapacity of Someone In Your Plan

Life can throw us curveballs, and sometimes the people we’ve counted on are no longer with us—or no longer able to take on the roles we’ve given them.

If the executor of your will, a guardian for your kids, or one of your beneficiaries passes away or becomes incapacitated, you need to make updates. This ensures that someone you trust is still in place to carry out your wishes.

Even if they’re still alive but struggling with health or memory issues, it might be time to relieve them of that responsibility. Think about what’s realistic and fair—for you and for them.

Big Changes in Your Finances

Did your financial picture change in a big way?

Maybe you sold a business
Maybe you inherited some land
Maybe you bought your dream ranch
Or maybe you’ve just done really well for yourself over the years

If your wealth has grown (or shrunk), your estate plan should reflect those changes. You might want to explore setting up trusts, gifting strategies, or charitable giving plans. You may also need to consider estate tax planning depending on the size of your estate.

I’ve seen families run into issues because an estate plan written when they had $100,000 in assets didn’t hold up once they were worth $2 million. More assets mean more complexity—and more opportunity to plan wisely.

You Move to Texas (or Out of It)

Each state has its own estate planning laws, and Texas is no exception.

If you’ve moved here from another state—whether you’re retiring in the Hill Country or relocating for work—you should have your estate plan reviewed by an experienced estate planning attorney in Texas like me, Tom Misteli. Certain documents (like powers of attorney or advance directives) may need to be rewritten to meet Texas requirements. And property laws in Texas, especially regarding community property, may affect how your assets are distributed.

Also, if you move out of Texas, could you get a local attorney in your new state to review your plan there?

Evolving Family Dynamics

This can feel more emotional, but it's a hugely important time to review your estate plan when your family relationships change.

Maybe you’ve grown closer to one child and more distant from another. Maybe a sibling you once trusted has shown some questionable judgment. Maybe there’s been a marriage, a divorce, or a new grandbaby in the picture. Whatever the case, your estate plan should reflect how you feel today, not how you felt when you first drafted it years ago.

Updating your plan can help avoid confusion, prevent family tension, and ensure your legacy goes where you want it to. If you wouldn’t hand someone your house keys today, you probably shouldn’t leave them in charge of your estate.

Why Updating Your Estate Plan Matters More Than You Think

I’ve seen the heartache that happens when an estate plan is out of date. Families arguing over who gets what. Long court battles because someone passed away without a clear will. Kids left without a named guardian. It’s the kind of mess no one wants to leave behind.

Here’s what an outdated estate plan can lead to:

Family disputes or resentment
Assets going to unintended people (like exes or estranged relatives)
Expensive, drawn-out probate proceedings
Tax consequences that could’ve been avoided
Legal confusion about guardianship or healthcare decisions
Heartache and uncertainty for your loved ones

On the flip side, a current, well-thought-out estate plan gives your family peace of mind. It says, “I’ve got your back, even when I’m not here.”

When Should You Review Your Plan?

Even if none of the big life events above have happened, it’s still a good idea to review your estate plan every3 to 5 years. Set a reminder. Put it on the calendar. Or make it part of your financial checkup.

And if something does change—your finances, your family, your location—don't wait. Get your plan reviewed as soon as you can.

Common Estate Planning Mistakes to Avoid

While we’re at it, let’s talk about a few traps I see people fall into:

Not having a plan at all. If you die without a will in Texas, the state decides who gets what. That may not match your wishes.
Only naming one executor or guardian> Always have backups.
Forgetting digital assets. Think about your online accounts, social media, crypto, etc.
Leaving assets outright to young kids. Consider a trust instead.
Not communicating your wishes. A conversation now can save a lot of trouble later.

Misteli Law is Here to Help.

At Misteli Law, we help walk you through every step of the estate planning process. But we’re not just here for the big moments. We’re here for the check-ins, the updates, and the “Hey Tom, does this change anything?” conversations too.

Whether you’ve just gotten married, had a baby, moved to Texas, or it’s been a while since you dusted off your will, we help you ensure that everything’s in order. Without stuffy legal talk. Without pressure. Just real advice from someone who cares.

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For more on Texas estate planning lawyer Tom Misteli and The Misteli Law Firm, visit www.mistelilaw.com.

This blog post is advertising and in no way constitutes legal advice or the formation of an attorney-client relationship.

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Beyond Remembrance: How Memorial Day Can Inspire Leaving Your Own Legacy

By Tom Misteli • May 25, 2026

Memorial Day isn't just about barbecues or pool parties. It's a day to collectively pause and honor the brave men and women who made the ultimate sacrifice for our freedom and security. As flags wave at half-staff and solemn ceremonies unfold across the country, this day of remembrance naturally guides our thoughts toward our own mortality and the legacies we hope to leave behind. Memorial Day gives us a beautiful opportunity to consider how estate planning is so much more than a legal formality. It's a heartfelt expression of our deepest values, a bridge connecting past, present, and future generations, and a loving promise to spare the people we care about from unnecessary burdens. The Deeper Meaning of Estate Planning Life & Legacy Planning is a unique form of planning that helps you pass on not just material wealth, but the richness of your lived experience and personal philosophy. It ensures that your loved ones receive their inheritance in a way that keeps them out of an overburdened legal system and protects the assets you worked so hard to build. That kind of peace of mind is worth so much more than a stack of documents. That's what legacy is truly about. The soldiers we honor on Memorial Day understood the profound importance of legacy. Their sacrifices weren't just for the present, but for a future they would never see. That's a powerful reminder that our actions today ripple forward in time, shaping lives beyond our own. Their example invites us to ask ourselves: what values and memories do we want to preserve? How can we ensure that what matters most to us continues to inspire our loved ones? How can we leave a legacy of love rather than confusion? While most of us won't leave legacies as dramatically visible as those of fallen heroes, the impact we create through thoughtful estate planning can be just as meaningful within the intimate circle of our families and communities. Your estate plan becomes a final expression of your life's story, a way to communicate what you stood for, what you cherished, and what you hope will live on through the people you leave behind. Military Heirlooms and Service Records: Preserving Tangible History For families with military connections, Memorial Day carries a special significance that can directly shape your approach to estate planning. Military heirlooms such as medals, uniforms, battlefield letters, and photographs are more than sentimental keepsakes. They hold personal and national history that deserves to be carefully preserved. These items tell stories of courage and sacrifice that can inspire future generations, but without proper planning, they risk being lost, damaged, or forgotten entirely. Thoughtful estate planning provides the means to ensure these treasures receive the care and reverence they deserve. You might consider creating a detailed inventory of military memorabilia, along with the stories behind each piece. Who earned that Purple Heart? What battles did your grandfather fight in? What was daily life like during wartime? These narratives transform objects into living history and deserve a place alongside your formal legacy planning documents. Service records are also a critical part of this process. Veterans have access to specific benefits and protections that should be woven into comprehensive estate planning. Equally important, preserving service records and recording oral histories ensures that these chapters of family history, so often marked by remarkable courage, aren't lost to time. When you work with Misteli Law Firm, we'll help you find the best ways to preserve these irreplaceable pieces of your family's story. Estate Planning Is a Process for Everyone One of the most common misconceptions about estate planning is that it's only for the wealthy or the elderly. In truth, estate planning is relevant to everyone, regardless of age or financial situation. Just as Memorial Day touches all Americans, estate planning is a universal need that crosses every demographic boundary. Think of it this way: we all have values we believe in, people we love, and things we'll leave behind. Even if you don't own extensive property or investments, you'll either leave behind clear guidance and direction, or a confusing jumble of uncertainty for the people you love. You get to choose, based on the actions you take today. For parents of young children, your estate plan must include a Kids Protection Plan to ensure your children are raised by the people you choose, in line with your values. For mid-career professionals, it might focus on protecting what you've built and laying the groundwork for future growth. For those in or near retirement, the emphasis might shift toward living your later years with the dignity and intention you deserve. At every stage of life, estate planning is a vehicle for expressing what matters most to you, making thoughtful choices about your resources, and ultimately leaving the world a little better than you found it. Going Beyond Material Assets to Leave a True Legacy When we meet, we'll help you think through your family dynamics, your assets, and what would happen to everything you care about if you were to become incapacitated or pass away. Through that conversation, you may find that your guidance and heartfelt wishes mean far more to your loved ones than any material possession. That's where we introduce the Life & Legacy Recording as a powerful part of comprehensive estate planning. As part of our Life & Legacy Planning methodology, we help you create a Life & Legacy Recording where you speak directly to future generations, sharing your beliefs, your hopes, and the lessons your life has taught you. A Life & Legacy Recording passes on your spiritual and philosophical inheritance. During the recording process, we guide you to share the stories that shaped who you are, whether that means expressing forgiveness, offering advice, or articulating your hopes for how family traditions will carry on. Your recording also helps your loved ones understand not just what you've left them, but why. You can explain the meaning behind special possessions such as why a military medal, a family Bible, or a piece of jewelry holds such significance, and why you've chosen certain people to be their next caretaker. We can also help you create a plan that goes beyond simply transferring assets and focuses on passing along the wisdom of managing them well. Your plan might include your values around charitable giving, sustainable practices, or the heart behind a family business. Especially on Memorial Day, as we reflect on the ideals of service and sacrifice that our nation honors, we love helping people weave those values into their Life & Legacy Plan, creating a meaningful thread of continuity between past sacrifices and future possibilities. From Reflection to Action: Taking the First Steps Memorial Day is a poignant reminder to act. The day's spirit of remembrance naturally brings up thoughts about how we hope to be remembered and what we want to leave behind. Rather than letting those reflections fade when the holiday passes, let them inspire you to begin or revisit your estate planning journey. Start by thinking about the values and memories you want to preserve. What stories do you hope your grandchildren will know? What principles have guided your life? What possessions hold a special meaning that others might not recognize without your explanation? Take some time to write these thoughts down, even if it's just informally at first. Then consider the practical side of your legacy. Who would care for your children if something happened to you? How would you want healthcare decisions made if you couldn't speak for yourself? Are there specific items, perhaps a family home, military memorabilia, or cherished heirlooms, that deserve special attention? How would your loved ones know what you have, where it is, and what to do with it? These are the questions at the heart of comprehensive estate planning. It's Easy to Get Started This Memorial Day, honor both those who gave everything and your own legacy by taking that first step toward comprehensive Life & Legacy Planning. Reach out to us here at Misteli Law Firm, and together we'll craft a plan that ensures your values, wisdom, and love continue to shape the lives of those who come after you. In doing so, you create your own memorial, not of stone or bronze, but of true care and consideration for the people who will carry forward everything you've built and everything you are. Plan your legacy with heart. Our Life & Legacy Planning helps Texas families protect loved ones, preserve history, and leave lasting values. Book a free consult.