01/04/2026
Debunking estate planning for most East Texans--
The feed on my personal page is full of estate planning advertisements. It seems the gouging, er "going", rate averages $4,500 and involves setting up a trust. These plans are designed to separate you from your money now, not when you die. Here are some things the advertisers DON'T tell you. 1. You actually lose your homestead protection from any claim that occurs on or as a result of your property's condition. 😲 Think of it. A "person" is entitled to a homestead exemption from claims, not an inanimate entity. If the trust is liable, your insurance and your home are available to satisfy that debt. 2. Now if you earn as little as $600 from the property, you have to file an annual tax return for the trust. 3. Most East Texans do not need a trust. They need an honest, knowledgeable lawyer. 4. They don't tell you there are other ways to take assets that would be subject to probate and make them non-probate assets. Yes, not all assets are governed by your will or even a trust. The will kit sellers don't tell you that either. A good lawyer can help avoid the probate process and even losing the family home to the Medicaid Estate Recovery program if consulted early enough--the Medicaud "lookback" period is 60 months. 5. Non-lawyers like to tell stories of families spending 10's of thousands of dollars on probate but dont tell you it was all necessary because no estate planning had been done before death. 6. Financial planners like projections but NEVER COST OUT the $4,500 you are paying them to show what it would be worth at your life expectancy or how much life insurance you could have bought with that same money. 7. Financial planners either sell you legal forms or have their own attorney they have hired consult with you. That's like asking for advice from an attorney representing a party suing you!
There is no one-size-fits-all will or price. And if you think you need a will, you are only partly correct. Other documents are equally important, even more so in many situations. Don't buy what they sell. Get what YOU need, personally detailed and prepared for your desires.
Estate planning should involve professional consultation and advice from an experienced, competent attorney, along with a personalized plan suited to YOUR situation. Often, that involves changing the character of assets to remove them from the probate process.
Most married couples in East Texas can get legal advice to understand the entire process, wills for disposition of any remaining probate property, powers of attorney for financial transactions should they still be alive but unable to make those decisions, powers of attorney for healthcare decisions, directives on life support options, DNR orders if desired, DMV title transfer forms, and even a deed removing the family home from probate for as little as $750-$1,500. Single clients pay even less, $600-$1,000 on average.
If you just want to know more to compare estate planning services between attorneys, financial planners, and out-of-state, form will sellers with paralegal advice, then consult with an attorney before you commit. Consults that do not generate further services usually run $250-350.
