The Cost of Not Having an Estate Plan in Texas
Let’s talk about something that makes a lot of folks uncomfortable: estate planning.
If you’re like most people I talk to here in Texas, you might think of an estate plan as something you’ll get around to “someday”—when you’re older, wealthier, or have more time. Or maybe you’re worried it’s too expensive to deal with right now.
But here’s the truth: the cost of not having an estate plan is often far greater—financially, emotionally, and legally—than the cost of getting one done right.
Today, I want to walk you through what can actually happen when someone passes away without a solid plan in place. And spoiler alert: it’s not just about money. It’s about peace of mind, family unity, and protecting the people you love.
What Happens If You Die Without an Estate Plan in Texas?
Let’s start with the basics. If you pass away in Texas without a will or trust, the state says you’ve died “intestate.” That means Texas law decides:
- Who gets your property
- When they get it
- And how it’s divided up
You may think that sounds fair—until you realize how rigid and impersonal those laws are. For example:
- If you’re married and have children from a previous relationship, your spouse may only receive part of your estate.
- If you’re unmarried with no kids, your assets could go to estranged relatives you haven’t spoken to in years.
- If you have minor children and no guardian named, the court decides who raises them.
That’s what can happen when you don’t make the choices in advance.
The Financial Cost of Dying Without a Plan
You might be trying to save money by avoiding an estate plan—but here’s the kicker: your loved ones could end up paying far more in the long run.
Let’s break it down:
1. Court and Probate Fees
Without a will or trust, your estate will almost certainly go through probate—a court-supervised process for distributing assets. Probate isn’t quick, and it’s rarely cheap. In fact, probate fees (court costs, attorney fees, executor fees, and more) can eat up thousands of dollars—especially if there are disputes or delays.
In some cases, it can take a year or more before your family sees a penny. And they may have to pay out of pocket to keep things moving.
2. Family Conflicts and Legal Battles
Nothing drives a wedge between siblings faster than a fight over who gets what.
I’ve seen families torn apart because someone died without a clear plan. Even if you “think they’ll work it out,” emotions run high after a loss. If the instructions aren’t spelled out, it opens the door for:
- Will contests
- Accusations of favoritism
- Disputes over sentimental items
- Long, expensive legal battles
And sadly, it’s often the families with the least to fight over who end up in the biggest mess.
3. Tax Issues and Missed Opportunities
Texas doesn’t have a state estate tax—but federal estate tax and income tax implications still exist, especially for larger estates or those with real estate, retirement accounts, or business assets.
Without planning, your family might miss out on:
- Spousal tax exemptions
- Step-up in basis for capital gains
- Strategic gifting or charitable giving options
A well-designed estate plan can reduce or eliminate these tax hits—but if you haven’t planned ahead, there’s not much they can do after the fact.
The Emotional Cost: Stress, Uncertainty, and Lost Peace
You know what people rarely talk about when they skip estate planning? The emotional toll it takes on the people left behind.
Let’s say you pass suddenly and don’t have a will. Your spouse or kids are grieving—and now they also have to:
- Hire a lawyer
- Figure out how to pay bills
- Track down paperwork
- Guess what your wishes might have been
That uncertainty leads to stress, second-guessing, and even resentment.
I’ve seen surviving spouses panic because they didn’t know how to access a bank account. I’ve watched adult children argue over who mom “would’ve wanted” to get the house. And I’ve seen it happen to good families—just like yours.
An estate plan doesn’t just distribute property. It gives your loved ones something money can’t buy: clarity.
What If You Have Kids? The Stakes Are Even Higher
If you have young children, not having an estate plan can create chaos.Here’s what’s at risk:
- The court decides who raises your children if you and your spouse both pass. (And it may not be who you’d choose.)
- Your kids may receive their inheritance outright at age 18—with no guidance or safeguards.
- Without a trust or guardian in place, the court could control their finances until they’re adults—and charge fees for managing it.
You’ve spent your life protecting and providing for your children. An estate plan is how you keep doing that—even if you’re not around.
What I Tell Families Every Week
Look, I get it, estate planning isn’t the most exciting thing on your to-do list. It feels heavy, and it’s easy to put off. But here’s what I tell my clients every week:
“You can pay a little now to make a plan—or your family can pay a lot later to clean up the mess.”
I’ve seen both outcomes. And trust me, peace of mind is a whole lot cheaper.
What a Good Estate Plan Can Do (Beyond Avoiding Costs)
Here’s what you really get when you create a solid estate plan:
- A clear will that reflects your values
- A trust that protects your family from probate
- Guardians named for your children
- Healthcare and financial powers of attorney for emergencies
- A legacy that brings your family together, instead of tearing it apart
It’s not just legal paperwork, it’s a gift to your loved ones.
Final Thoughts from Tom
Estate planning isn’t about how much money you have. It’s about protecting the people you love, preserving your wishes, and avoiding headaches down the road.
The truth is, not planning can cost your family more than you ever intended—in time, money, stress, and even relationships.
If you’ve been putting it off, that’s okay. But don’t wait forever.
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For more on Texas estate planning, and to learn about 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.
