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Texas Estate Planning Blog

moving to Texas is a great reason to update or review your estate plan.
Shawn McCammon
Shawn McCammon
Attorney at Law

Shawn McCammon is the founder and managing shareholder of McCammon Law. Shawn has been practicing for over 20 years, starting off in litigation before working in-house as a corporate attorney, and finally opening his own firm in 2009.

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Recently Moved to Texas? Time to Review Your Estate Plan

July 3, 2024
Reviewing your will is something that many people know they should do but often put off. If you're new to San Antonio, moving is a great excuse to review your legal documents or create new ones to protect you and your loved ones.

According to the news story from the Texas Standard, "Texas population continues to grow, especially outside big cities," Texas is dominating the country in terms of population growth. Between the years 2022 and 2023, Texas gained more new residents than any other state in the U.S. And as the nation's seventh largest city, San Antonio alone gained 22,000 new residents in 2023 claiming the spot as the city with the biggest growth spurt that year. If you are one of the new San Antonio residents, McCammon Law welcomes you to Texas! We hope you will grow to love this area as much as we do. Be sure to request a copy of our Planning Bundle for new residents to ensure your legal affairs are in order to protect yourself and your loved ones.

Moving is a great reminder to review and update your legal documents like your estate plan to ensure your planning complies with Texas laws. Laws governing wills and estates vary by state, and the legal requirements in Texas might differ from those in your previous residence. Thus, if you are new to San Antonio, it's a good time to review your planning documents. Ensuring that your estate plan, including your will and other estate planning documents, reflects your current situation is essential for peace of mind and securing your beneficiaries' future. This article examines other reasons why it's important to review your will and other estate planning documents.

Why Is it Crucial to Review Your Will Regularly?

Your will is not a static legal document. As your life changes, so also might your wishes regarding how your assets are distributed after your death. It's common for relationships, financial circumstances and family dynamics to change over time. Each significant shift in your life may warrant a review and possible update of your will. Read more in our article, When to Update Your Will: 8 Reasons You May Need to Revisit Your Estate Plan

Have Family Dynamics Changed?

One of the most common reasons to update your will occurs when your family dynamics change. Have you recently married, divorced, or welcomed a child or grandchild? These life events may change how you want your estate distributed. It's important to review your will to ensure that new family members are included or that former spouses are removed, reflecting your current wishes.

If you've appointed guardians for your children and these guardians can no longer serve, you'll need to revise your will. The same applies if your executor or trustee situations have changed.

Any Changes in Tax Laws?

Texas state and federal tax laws are constantly changing and can impact your estate planning significantly. An increase or decrease in estate or inheritance tax, for instance, could affect the value of your estate that your beneficiaries will receive. Reviewing your will with Estate Planning Attorney Shawn McCammon can help you understand the latest tax laws and revise your estate plan accordingly, ensuring that your heirs are protected from possible tax burdens.

Has the Value of Your Estate Changed Significantly?

A substantial increase or decrease in the value of your estate is another reason you should review your will. If you've acquired new assets, started a new business in San Antonio, or maybe some assets have depreciated significantly, your current will may no longer reflect your situation accurately. You may wish to redistribute your assets, set up a trust instead, or address the specific needs of a growing estate.

Is Your Beneficiary Information Current?

As time passes, you may need to update beneficiary information. Beneficiaries may have passed away, or your relationship with them may have changed. It’s equally important to review other estate planning documents, like life insurance policies and retirement accounts, to ensure that all beneficiary designations are up-to-date and consistent with your will.

When Was Your Power of Attorney Last Updated?

Your financial power of attorney is a vital part of your estate plan. If your chosen agent is no longer willing or able to serve or your relationship has changed, you may want to revise this document. It is essential to have a trustworthy individual to make financial decisions on your behalf if you cannot do so.

Do You have Peace of Mind?

One of the main reasons to review your will is for your own peace of mind. Knowing that your affairs are in order and your loved ones will be taken care of according to your wishes is priceless. Regularly reviewing your estate plan every few years or after major life changes ensures that everything is up-to-date and reflects your desires.

If you're ready to review your plan to ensure your documents comply with local laws or would like to know more about how to put your legal affairs in order to protect you and you loved ones, request a consultation with our San Antonio estate planning office.

Key Points to Remember:

  • Life changes, such as marriage, divorce, birth of a child, or moving to a new state, necessitate a will review.
  • Legal and tax law alterations can impact your estate planning.
  • Changes in the value of your estate due to reasons like asset appreciation, starting a business, or inheritance may require adjustments in your will.
  • Regular reviews of your beneficiary designations, power of attorney and overall estate plan ensure that your current wishes are accurately reflected.
  • Peace of mind is achieved by knowing your affairs are in order and ensuring that your assets are distributed according to your wishes after your death.
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