Estate Planning For Your Loved Ones and Your Assets With Our Attorneys
- If something unexpected were to happen to you, what would happen to the people you love, your assets, everything else that you care about? Or to you?
- Did you know that, if you have an estate plan and it’s out of date, your assets could be lost to the State of Texas’ Unclaimed Property Division, or to a court process that’s not needed?
- Most people don’t realize that if you don’t have an estate plan, the State of Texas has a plan for you. Problem is, it’s probably not a plan that you would care to have…or to leave for the people you love.
- If you don’t know the answers to these questions, we encourage you to find out exactly what would occur, both legally and financially, so that you can decide if your current plan (or lack of one) is good with you.
How Do We Help You With Estate Planning?
During your initial meeting with one of our attorneys (we call this a Family Wealth Planning Session), we’ll spend time getting to know you and what’s important to you. We’ll make sure we understand your goals and objectives, and we’ll educate you about what would happen if something were to happen to you today. For some individuals or families who meet with us, their current plan is what we call the State’s plan. That means there is no written plan in place.
Other folks who come to us have an existing plan, but they’re not sure whether it does what they want…or they know for sure it’s outdated and needs to be brought current. Either way, we’ll review the current plan in detail, and you’ll get informed about what your current plan does and what you might want to change about it. Before your Family Wealth Planning Session, we will ask you to complete a Personal Resource Map (“PRM” or “homework”), which will help you to get clear about what you own and what you have to think about when it comes to estate planning. It also helps the attorney you’ll be meeting with to be fully prepared to meet with you and make the best use of your time in our office.
The foundation of an estate plan will sometimes include a revocable living trust; you transfer title of your property into this trust for your benefit while you are still alive. One of the benefits of having a living trust is that, when done correctly and properly maintained, your estate plan should help your family to avoid the cost, hassle, and time spent going through the probate process. It can also help to minimize estate taxes, or to eliminate them altogether.
For people with other needs, we can also provide more advanced estate planning services.
Can I do My Estate Plan Online?
Unfortunately, most DIY plans don’t work because much of what passes for estate planning is little more than word processing. You are asked a few questions and then the drafter decides which “plan” is right for you, and fits you into a template. This is not estate planning; it is little more than a “search and replace” of your family’s name and then a hit of the “print” button which spits out form documents.
The Kids Protection Plan
A Kids Protection Plan is a set of instructions, legal documents and even an ID card for your wallet, which you need if you have kids at home who count on you for their well-being and care.
If you are in an accident, your Kids Protection Plan will make sure your children are never taken into the custody of Child Protective Services, strangers or the care of anyone you wouldn’t want because the authorities don’t have clear instructions from you. And your Kids Protection Plan will ensure your children are raised by people you choose, not someone chosen by a judge who doesn’t know you.
Download our free report:
6 Common Mistakes Most Parents Make When Naming Guardians
Undecided? That’s fine.
It’s normal to be a little uneasy about estate planning. Many of our happiest clients started just where you are right now. But, when they read the best selling book on estate planning for families, Wear Clean Underwear (I know, it’s a funny name, right?) they felt more at ease, educated and informed. I would love to send you a copy of this book for free, as my gift to you for considering working with me.
Wear Clean Underwear: A Fast, Fun, Friendly – and Essential – Guide to Planning for Busy Families.
It’s called Wear Clean Underwear because your mom always told you to wear clean underwear in case you were in an accident, but once you are a parent, there are important legal planning steps you need to take as well. By the way, the book gets 4.4 stars on Amazon.
Family Care Program
Our Family Care Program Membership includes –
- Complimentary and priority access to our team of professional after your documents are signed
- Complimentary secure online client vault for your important documents
- Annual plan review
- Complimentary updates to your plan (e.g., Restatements, amendments, changes to your Last Will & Testament, Kids Protection Plan, and powers of attorney)
- Complimentary refinance packages & deeds to new primary residence
- Invitation to our exclusive VIP events
- Annual review of your assets and update of your asset spreadsheet
- Complimentary initial meeting for advising your loved ones after you pass away
- Complete asset search, so nothing gets lost to the Unclaimed Property Division
- Support in maintaining good title to your home and receiving property tax exemptions
- 25% off other legal services, if ever needed, such as probate or business matters (requires a separate engagement)
- 24/7 quick and easy access to your legal directives and health care information via email or fax from anywhere in the world
At Davidek Law Firm, PLLC, we will educate you and take the time to get to know you, your family, your concerns, your goals and your issues. We will also gladly and patiently answer all your questions to develop a customized estate plan just for you and your loved ones.
“From the moment I walked in the door I felt like your firm truly cared about my estate planning and doing what was right based on my needs. You were thorough and made sure we were happy every time we walked out the door. You far exceeded my expectations and I would highly recommend you to everyone.”
ANDREA H.
Frequently Asked Questions About Estate Planning
Why should I work with an estate planning attorney instead of handling estate planning on my own?
Many people wonder whether hiring an estate planning attorney is necessary, especially when online templates, free estate planning resources, and automated estate plan checklists seem readily available. If you are searching for estate planning near me or estate planning lawyers near me, you may already sense that your situation requires more than generic forms. An estate planning attorney brings legal insight, strategic thinking, and personalized guidance that cannot be replicated by do it yourself tools. Estate planning is not just about documents, it is about making legally sound decisions that protect your family, your assets, and your wishes under Texas law. Whether you are a parent, a business owner, a single professional, or a retiree, working with an estate planning attorney can help you avoid costly mistakes, reduce taxes, and ensure your estate plan actually works when it is needed most. This is especially true for anyone seeking a Texas estate planning attorney who understands state specific rules, probate laws, and advanced estate planning strategies.
An estate planning attorney provides professional guidance that ensures your estate planning decisions are legally valid, strategically sound, and aligned with Texas law. While online tools and basic estate planning guides can offer general information, they cannot account for your full financial picture, family dynamics, or long term goals. Estate planning attorneys near me are trained to identify risks that are often overlooked, such as improper beneficiary designations, outdated documents, and assets that are not aligned with your estate plan.
An experienced estate planning lawyer evaluates more than just wills and trusts. They review how your assets are titled, how beneficiary designations interact with your plan, and how incapacity or death could impact your family. This level of review is especially important for families with children, blended families, or aging parents. Estate planning for children requires naming guardians, setting up trusts, and creating clear instructions that courts will follow. Estate planning for parents and seniors often includes planning for incapacity, long term care, and asset protection. These details are not adequately addressed by generic estate planning services.
A Texas estate planning attorney also helps minimize estate taxes and avoid probate complications. For clients searching for a tax and estate planning attorney near me, professional guidance can significantly reduce tax exposure and administrative delays. Advanced estate planning strategies may include irrevocable trusts, lifetime gifting, or planning for business succession. These strategies require precise legal drafting and an understanding of Texas estate planning laws.
Another key benefit of working with an estate planning attorney is the opportunity for an estate plan review over time. Life changes, laws change, and assets change. Estate planning attorneys near me often provide estate planning consultations and ongoing guidance to ensure your plan remains effective. This proactive approach helps families avoid disputes, confusion, and court involvement.
Ultimately, an estate planning attorney is not just drafting documents. They act as an estate planning professional who helps protect your family, preserve your legacy, and provide clarity during difficult moments. For anyone seeking estate planning in Texas, working with a qualified attorney offers peace of mind that online tools simply cannot provide.
What does an estate planning attorney actually do during an estate planning consultation?
When searching for an estate planning attorney near me, many people are unsure what happens during an initial estate planning consultation. Some assume the meeting is only about drafting a will, while others worry they need to arrive with every detail already figured out. In reality, an estate planning attorney uses the consultation to understand your goals, explain your options, and identify the right estate planning strategies for your situation. Whether you are meeting with a New Braunfels estate planning attorney or another local estate planning law firm, the consultation is designed to bring clarity, not pressure. Estate planning attorneys work with families, couples, singles, and seniors, tailoring each plan to reflect personal priorities, financial complexity, and future needs. Understanding what an estate planning attorney does during this process can help you prepare and get the most value from the meeting.
An estate planning attorney uses the estate planning consultation to evaluate your goals, assets, and family situation in order to design a legally sound estate plan. The consultation typically begins with a conversation about what matters most to you, not legal jargon. Estate planning attorneys ask questions about your family structure, children, marital status, and any special considerations such as dependents with special needs or blended families.
A key part of the consultation is reviewing your assets. This includes real estate, bank accounts, retirement accounts, life insurance, business interests, and investments. An estate planning attorney identifies how these assets are titled and whether they align with your goals. Many estate planning issues arise because assets are not coordinated with the estate plan, which can lead to probate or unintended distributions. Estate planning attorneys near me frequently discover problems that clients were unaware of, even when a will already exists.
The consultation also addresses incapacity planning. Estate planning in Texas requires documents such as powers of attorney and medical directives to ensure someone can act on your behalf if you are unable to make decisions. Estate planning for seniors and parents often emphasizes these protections, while estate planning for singles may focus on naming trusted decision makers. An estate planning attorney explains how these documents work and why they are critical.
Tax considerations are another important topic. Clients looking for a tax and estate planning attorney near me benefit from guidance on reducing estate taxes and preserving wealth. Advanced estate planning strategies may be discussed for higher net worth families, business owners, or those interested in charitable planning. Estate planning attorneys help determine whether trusts, gifting strategies, or other tools are appropriate.
Finally, the estate planning consultation provides education. Estate planning lawyers explain the differences between wills and trusts, how probate works in Texas, and what steps are needed to keep a plan up to date. Many attorneys provide estate planning resources or an estate plan checklist to help clients understand next steps. Whether you are pursuing estate planning for couples, families, or individuals, the consultation is the foundation for a plan that reflects your values and protects your future.
How do I choose the right estate planning attorney for my family in Texas?
Choosing the right estate planning attorney for your family in Texas can feel overwhelming, especially with so many options when searching for “estate planning attorneys near me” or “top estate attorneys near me.” You want more than a lawyer who drafts documents—you need someone who understands your values, listens to your concerns, and has deep experience with estate planning in Texas. Whether you’re in New Braunfels, Austin, San Antonio, or rural communities across the state, it’s important to work with a board certified estate planning attorney near me who can offer advanced planning strategies, personal guidance, and proven results. Texas estate planning law is nuanced, and not all estate planning professionals have the same level of skill or focus. So how do you know who’s right for you?
An estate planning attorney becomes the cornerstone of your long-term legacy, so choosing the right one involves more than a quick search. Look for experience, certification, client testimonials, and most importantly, a commitment to personalized service. A board certified estate planning attorney near me will have additional training and demonstrated expertise specifically in estate planning, trust law, and probate matters.
When evaluating estate planning lawyers, ask how many plans they’ve completed, what types of clients they serve, and whether they offer ongoing support like an estate plan review or annual consultation. The best estate planning attorneys offer a thorough intake process, explain your options clearly, and give guidance beyond the basics. For example, families with young children often need trusts and guardian appointments. Estate planning for parents may also include educational funds or powers of attorney to ensure their children are protected if something happens to them.
Business owners or those with high-value estates should look for a tax and estate planning attorney near me who can provide advanced estate planning strategies, such as bridge trusts, asset protection, or gifting structures. A one-size-fits-all approach may leave key risks unaddressed.
Also consider whether your attorney is local. A New Braunfels estate planning attorney, for example, is more likely to understand regional probate court procedures and family-specific concerns than a national online provider. Many clients prefer to meet in person, and working with estate planners near me allows for that personal touch.
Finally, trust your instincts. The right estate planning attorney should make you feel confident, heard, and secure. You should walk away from your consultation with a clear understanding of next steps and a team you trust to protect your legacy.
What documents does an estate planning attorney typically prepare?
Many people ask what documents they’ll receive from an estate planning attorney and whether those documents are enough to truly protect their family. If you’re searching for estate planning services in New Braunfels or asking, “What do estate planning lawyers near me actually do?”—you’re not alone. A qualified estate planning attorney doesn’t just give you a will. They guide you through a customized plan that reflects your life, your goals, and Texas-specific estate laws. Whether you’re new to estate planning or revisiting an old plan, knowing what to expect can give you peace of mind that you’re protecting the people and property that matter most.
An estate planning attorney typically prepares a customized set of legal documents designed to protect your assets, your family, and your wishes under Texas law. The exact documents vary based on your circumstances, but most comprehensive estate planning services include the following:
- A Last Will and Testament, which outlines how your property will be distributed and who will serve as your executor.
- A Revocable Living Trust, which can help avoid probate and manage assets during incapacity. Many clients opt for a trust-based plan to streamline asset transfers and reduce court involvement.
- A Durable Power of Attorney, which names someone to handle your financial affairs if you are unable to do so.
- A Medical Power of Attorney and HIPAA Authorization, which allow trusted individuals to make healthcare decisions on your behalf and access medical records.
- A Directive to Physicians (also known as a living will), which states your preferences for end-of-life care.
In addition to these core documents, estate planning lawyers often provide a personalized estate plan checklist to guide asset alignment—making sure your accounts, property titles, and beneficiary designations match the legal structure of your plan.
Clients with more complex needs may receive documents related to asset protection, such as irrevocable trusts, bridge trusts, or charitable trusts. Estate planning for seniors may include long-term care provisions, while estate planning for singles focuses more on decision-maker appointments. Advanced estate planning strategies may require coordination with CPAs or financial advisors.
If you’re working with an estate planning attorney in New Braunfels or looking for a local estate planning law firm, they’ll ensure these documents are tailored to Texas law and your individual needs. Unlike online services, a professional estate planning lawyer will explain each document in detail, answer your questions, and review them regularly to keep them up to date.
Can an estate planning attorney help reduce estate taxes in Texas?
If you’re concerned about estate taxes and looking for a tax and estate planning attorney near me, you may be wondering whether estate planning can help reduce or even eliminate estate tax liability. While Texas does not have a state estate tax, federal estate taxes still apply to high-value estates. Working with an experienced estate planning attorney is essential if you want to protect your assets and preserve more wealth for your heirs. This is especially true for families with business interests, real estate holdings, or retirement accounts exceeding federal exemption limits. So how exactly can an estate planning attorney reduce taxes, and what strategies should Texas families know about?
An estate planning attorney helps reduce estate taxes by structuring your plan to take advantage of federal exemptions, gifting strategies, and trust-based tools designed to preserve wealth. While Texas itself does not levy an estate or inheritance tax, the IRS imposes federal estate taxes on estates that exceed the exemption threshold (currently $13.61 million per individual in 2024). For married couples, proper planning can allow up to $27.22 million to be passed tax-free, but that requires strategic planning.
Estate planning attorneys near me can implement several strategies to minimize taxes:
- Marital trusts (such as a QTIP trust) to defer taxes until the surviving spouse passes.
- Bypass trusts to preserve both spouses’ federal exemptions.
- Lifetime gifting, including use of the annual gift tax exclusion and charitable giving.
- Irrevocable Life Insurance Trusts (ILITs) to remove life insurance proceeds from your taxable estate.
- Family Limited Partnerships or LLCs to transfer business interests at discounted values.
- Charitable trusts or donor-advised funds to reduce income and estate tax burdens while supporting causes you care about.
For clients in New Braunfels or Central Texas, a local estate planning attorney will also ensure that your documents comply with Texas law, avoiding pitfalls that could jeopardize the intended tax treatment. Estate planning for couples and business owners often includes coordination with financial advisors and CPAs to align all aspects of your plan.
If you’re searching for estate planning lawyers near me to help protect your wealth, make sure you work with someone experienced in tax law, not just document drafting. A professional, board certified estate planning attorney near me can help you navigate federal tax rules while also protecting your assets from probate, legal challenges, or mismanagement.
What’s the difference between an estate planning attorney and an estate lawyer?
People often use the terms “estate planning attorney” and “estate lawyer” interchangeably when searching for estate attorneys near me, but there are important differences to understand. If you’re looking for estate planning near me or trying to find the best fit for your family’s legal needs, it helps to know how these roles vary. An estate planning attorney focuses on helping you prepare for the future—crafting a plan that protects your assets, avoids probate, and ensures your wishes are honored. In contrast, an estate lawyer (sometimes called a probate attorney) often works with families after someone has passed, guiding them through court processes like probate or trust administration. So, how do you know which one you need, and can one person handle both?
An estate planning attorney focuses on proactive planning, while an estate lawyer typically handles the administration of an estate after death. While many attorneys do both, their services differ in timing and purpose. If you want to create a will, trust, or incapacity plan, you need an estate planning attorney. If you’re dealing with the estate of a deceased loved one, an estate lawyer may help with probate filings, asset distribution, and court requirements.
Estate planning attorneys near me assist clients in building comprehensive plans, including powers of attorney, living wills, and guardianship designations. These plans reduce the need for court intervention later. Estate planning for families, for example, may involve naming guardians for minor children and setting up a revocable living trust to pass on assets without delay. Estate planning for seniors might prioritize long-term care or Medicaid planning.
On the other hand, estate lawyers handle what happens when no plan exists—or when plans are incomplete. They resolve disputes, file court documents, and manage legal obligations after someone passes. If you’re looking for a New Braunfels estate planning attorney, choose one with experience in both planning and administration. That dual perspective ensures your documents are written clearly and enforceably, reducing the chance of conflict later on.
Whether you’re building a legacy or settling an estate, clarity matters. When you search for “estate attorneys near me,” make sure you understand their focus and ask whether they offer both planning and post-death services. Working with an estate planning professional who understands both sides ensures that your plan will not only be written well, but also work when it matters most.
How often should I meet with an estate planning attorney to update my plan?
If you’ve already created a will or trust, you might be wondering how often you need to revisit your plan with an estate planning attorney. Many people assume estate planning is a one-time task, but life changes—and so should your legal documents. Whether you’ve experienced a marriage, divorce, birth, death, property purchase, or financial windfall, your estate plan may no longer reflect your wishes. If you’re searching for an “estate planning attorney near me” for a plan review, or want to learn how often to update your estate documents, this is a critical part of keeping your plan effective.
An estate planning attorney should review your plan every three to five years, or anytime a major life change occurs, to ensure it remains legally sound and aligned with your goals. Estate planning lawyers near me often recommend an annual check-in, especially for clients with complex estates or those enrolled in a long-term estate planning service.
Significant events that should trigger a plan review include:
- Marriage, divorce, or remarriage
- Birth or adoption of a child
- Death of a family member or beneficiary
- Major changes in assets (buying/selling real estate, business growth, inheritance)
- Health changes or new long-term care concerns
- Retirement or job changes
- Tax law updates (federal or state)
- Changes in your estate planning attorney’s recommendations or new available tools
Texas estate planning attorneys also monitor state-specific law changes, such as modifications to powers of attorney or probate codes. Working with a local estate planning attorney in New Braunfels means your plan will reflect current legal standards in your jurisdiction—not just federal rules.
Estate planning for parents often changes as children grow older or become financially independent. Estate planning for seniors may shift to prioritize asset preservation and medical directives. In all cases, regular reviews prevent outdated instructions that could lead to delays, confusion, or even court involvement.
Many attorneys offer ongoing estate planning services that include periodic checkups. Whether you’re looking for estate planning in Texas, tax and estate planning strategies, or a plan that evolves with your life, choose a law firm that sees estate planning as a relationship, not a transaction.
What estate planning strategies should young families consider when working with an estate planning attorney?
Young families often overlook the importance of estate planning, especially when assets are still growing or life feels hectic. But working with an estate planning attorney early can help you protect your children, plan for unexpected events, and build a foundation that evolves as your family grows. If you’re a parent searching for “estate planning for families” or “estate planning attorney near me,” it’s likely because you’ve realized that estate planning is not just for the wealthy or retired—it’s essential for anyone with dependents or long-term responsibilities.
An estate planning attorney helps young families create a customized plan that protects children, designates guardians, and builds a foundation for financial security. The key strategies for young families focus on protecting what matters most—your children, your income, and your ability to make decisions for each other if something happens.
Your estate planning lawyer will likely recommend:
- Naming guardians for minor children
- Creating a revocable living trust to manage and distribute assets without probate
- Establishing testamentary trusts or subtrusts to delay distributions until your children reach maturity
- Drafting powers of attorney and healthcare directives for both parents
- Reviewing life insurance policies to ensure proper coverage and beneficiary designations
- Using an estate plan checklist to align assets with your legal documents
Estate planning for parents also includes planning for incapacity. If one spouse becomes unable to manage finances or make medical decisions, the other must be legally empowered to step in. Without this in place, court proceedings may be required.
Additionally, your estate planning attorney may help you build strategies that grow with your family—such as planning for educational expenses, charitable giving, or future property purchases. Choosing a New Braunfels estate planning attorney or another local expert ensures the plan reflects Texas laws and local probate procedures.
Young families should revisit their estate plan as children grow, as income increases, or when purchasing a home or starting a business. Your estate planning professional can act as a long-term advisor to help you adjust the plan as life unfolds.
What are the biggest mistakes people make when they don’t work with an estate planning attorney?
Many people delay or avoid hiring an estate planning attorney, assuming they can handle things later or use online forms. But when life—or death—happens without a valid plan, the consequences can be devastating. If you’re searching for “estate planning services near me” or want to avoid common pitfalls, understanding what goes wrong without professional guidance is the first step to protecting your legacy.
Without an estate planning attorney, people often make costly mistakes that result in family conflict, probate delays, tax liabilities, and assets being distributed in ways they never intended. One of the most common errors is relying on a simple will without understanding how probate works in Texas. A will alone does not avoid probate. Many people falsely believe it does.
Other frequent mistakes include:
- Not aligning assets with the estate plan (e.g., bank accounts or retirement funds with incorrect beneficiaries)
- Failing to name guardians for children
- Leaving out medical directives and incapacity planning
- Using outdated or invalid forms
- Choosing the wrong type of trust or not funding it properly
- Ignoring estate tax thresholds and missing opportunities to reduce taxes
- Assuming online tools cover all your needs
Estate planning attorneys near me understand the local laws that govern probate, healthcare directives, and property transfers. A Texas estate planning attorney ensures documents meet current legal standards and work in real-world scenarios.
By skipping a proper estate planning consultation, people often miss essential components like asset protection, succession planning, or proper trustee designations. This can lead to frozen accounts, contested wills, or court-appointed guardians—situations that create stress and conflict for your loved ones.
An estate planning professional prevents these errors by walking you through every detail, asking the right questions, and ensuring every piece of your plan works together. If you’re serious about avoiding mistakes, protect your legacy with a New Braunfels estate planning attorney who brings experience, clarity, and care.
Are estate planning attorneys only for wealthy individuals?
It’s a common myth that estate planning attorneys are only for millionaires or those with large estates. But if you’re searching for “estate planning attorney near me” or wondering whether you need estate planning services even if you don’t have significant assets, the truth is simple: estate planning is for everyone. Whether you’re a young professional, a single parent, a retiree, or a couple with modest savings, working with an estate planning attorney gives you control over your future and peace of mind for your loved ones.
An estate planning attorney is not just for the wealthy—everyone needs a plan to protect their family, manage their affairs, and avoid court involvement if something happens. Estate planning is about more than money. It’s about naming guardians for your children, appointing someone to make medical decisions, and making sure your home and belongings go to the right people.
Key planning needs for all individuals include:
- A power of attorney to manage your finances if you’re incapacitated
- A medical directive to guide healthcare decisions
- A simple will or trust to direct assets
- Designation of beneficiaries on retirement and insurance accounts
- Choosing an executor or trustee who can carry out your wishes
Even a modest estate can become entangled in probate if documents are missing or unclear. Estate planning attorneys near me help avoid this by creating legally binding documents that streamline the process.
Families with children need estate planning for guardianship and asset control. Seniors benefit from planning for healthcare, incapacity, and long-term care costs. Singles often need help selecting decision-makers and protecting digital assets. No matter your stage in life or financial picture, an estate planning consultation provides essential protection.
A local estate planning lawyer, such as a New Braunfels estate planning attorney, understands how to design plans that fit your situation and comply with Texas law. It’s not about how much you have. It’s about making sure what you have goes where you want—without confusion, delay, or unnecessary court involvement.