Texas Trust Law

Category: Holographic Wills

How and Where To Store Your Will

How and Where To Store Your Will

September 18, 2025

If you’ve recently had your will created or your estate plan updated, congratulations! You’ve ticked a big check mark on your grown-up to-do list. However, you’re not done with estate planning, according to a recent article from USA Today, “You Made a Will—Now What? Storing It Properly Is Just as Important.” It is important to identify how and where to store your will.

Less than a third of Americans have a will, which should be concerning for their families and loved ones. Perhaps more worrisome: those who do have a will and other estate planning documents have their materials in a drawer, a filing cabinet, or a home safe they haven’t looked at in years—or decades.

Once the ink is dry, the estate plan isn’t done. If your family doesn’t know where to find the will, and unless it’s updated, secure and accessible, even the best estate planning documents won’t work as intended. If the will can’t be found or is out-of-date, the entire estate will need to go through probate, regardless of all the planning you’ve done. Paperwork piles up, court fees get bigger and families who should be focusing on grieving and helping each other during a major loss are instead dealing with bureaucracy and managing a rudderless ship.

For more tech-savvy individuals, a digital vault may be the solution. These are encrypted, cloud-based platforms used to store wills, trusts, passwords and essential documents in one online location. The goal of the platforms is to allow executors, attorneys and family members to access the documents they need when they are needed. The systems are built with permission and authentication for security.

If you’re not comfortable putting your life online, an alternative is to have a fire- and flood-proof safe in your home and ensure that your spouse, executor and trusted family member know where it is and how to open it when needed.

The digital vault offers some significant benefits. If adult children and grandchildren live in another state or another country, they will be able to access documents regardless of their location. This also allows you to store digital assets, including photos, utility logins and even instructions for final wishes, so that others can access them.

Many people already have a digital vault through their financial advisor’s office. However, they may not have considered that it could also serve as an estate planning tool. Be sure to learn how to share the login information with the intended recipients properly.

If a will can’t be found, if multiple wills are found, or if the will is so out-of-date as to be found invalid, planning can be undone. Securing the will is as important as creating an estate plan. Work with the assistance of an experienced estate planning attorney to determine how and where to store your will. Peace of mind comes from knowing that everything is in place and that anyone who needs your information will be able to access it in a timely manner. If you would like to learn more about creating a will or trust, please visit our previous posts.

Reference: USA Today (Aug. 15, 2025) “You Made a Will—Now What? Storing It Properly Is Just as Important”

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Moving to Another State can Impact Your Will

Moving to Another State can Impact Your Will

July 29, 2025

Relocating to a new state often prompts a fresh look at housing, healthcare and taxes. However, many people overlook revisiting their estate plan. A will drafted in one state doesn’t necessarily become void elsewhere. However, differences in state laws can create complications if it isn’t updated. To ensure that your wishes are carried out as intended, it’s important to understand how moving to another state can impact the validity and execution of your will.

Your Will May Still Be Valid—But That’s Not Enough

Most states honor wills created legally in another state. However, just because a will is valid doesn’t mean it’s well-suited to your new residence. Probate laws, witness requirements and rules governing executor eligibility can vary widely. For example, your new state may not accept handwritten wills or may require two witnesses instead of one.

Some states also impose additional requirements on out-of-state executors. If you named someone who lives in your former state, they may be unable to serve without appointing a local co-executor or taking other legal steps. These requirements can delay probate and increase administrative costs for your loved ones.

Community Property and Spousal Rights

If you move from or to a community property state, your spouse’s inheritance rights could change. Community property states treat most assets acquired during marriage as jointly owned, regardless of how they’re titled. This could affect how your estate is divided, especially if your existing will was drafted with different assumptions.

Similarly, elective share laws vary from state to state. In some places, a surviving spouse is entitled to a percentage of the estate even if they are disinherited in the will. These rules can override your stated intentions, particularly if your estate plan hasn’t been updated since the move.

Update Beneficiary Designations and Ancillary Documents

Relocation is also a good time to review related documents, such as powers of attorney, advance directives and healthcare proxies. Some states require specific language or forms for these to be enforceable. A new address or a change in family circumstances may also necessitate revisions to your chosen agents or instructions.

Reviewing beneficiary designations on retirement accounts and life insurance policies is equally important. These assets often pass outside the will, and inconsistencies between documents can lead to unintended results. If you’re not certain your estate plan is robust and consistent, an estate planning attorney can help. If you are planning on moving to another state, work with an estate planning attorney to see how the state’s laws impact your will. If you would like to learn more about estate planning, please visit our previous posts. 

Reference: The American College of Trust and Estate Counsel (Jul 17, 2019) “Should I Sign New Estate Planning Documents When I Move to a New State?”

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Avoid Using AI to Create a DIY Estate Plan

Avoid Using AI to Create a DIY Estate Plan

July 30, 2024

Estate planning is crucial to carry out your wishes after you’re gone. However, with the rise of artificial intelligence (AI), some wonder if it can bypass traditional methods. Some people have used AI tools to create DIY estate plans that look good to the untrained eye but have serious shortcomings. Avoid using AI to create a DIY estate plan.

Artificial intelligence refers to computer programs that use complex algorithms to perform tasks usually requiring human intelligence. AI tools like ChatGPT and Google Gemini have recently become widely available. Creative writers and many others use these tools for help with research, drafting documents and other purposes. You would think a DIY estate plan with AI could work. However, a close examination reveals its shortcomings.

If you’re comfortable writing a document, you can use AI to assist in drafting. This could help in documents, like wills and powers of attorney, by generating them from information you provide. For most people, though, this would do more harm than good. It’s necessary to understand the limitations and risks of AI in estate planning.

While ChatGPT and other chatbots are impressive tools, they lack true intelligence. This can often make DIY estate plans with AI no better than having no estate plan at all.

  • Lack of Critical Thinking: AI lacks the ability to think critically. It uses pre-fed data to generate responses, which can lead to inaccuracies. For example, AI might misinterpret your instructions or miss important details about your estate.
  • Hallucinations: AI can “hallucinate,” or produce entirely fictional information. There have been cases where AI-generated legal documents contained fabricated cases and statutes. This can render AI-based legal documents completely invalid, with severe consequences.
  • Incomplete Customization: Estate plans need to be highly personalized. AI might not consider all personal details, such as the specific needs of your family members or your unique financial situation. This could result in a plan that doesn’t reflect your wishes.

When you input personal data into an AI tool, there’s a risk of confidentiality breaches. AI systems store this information, which others can potentially access. This raises significant privacy concerns, since a data breach could expose sensitive information about your family and assets.

AI might seem like a cost-effective solution compared to hiring an attorney. However, the likely risks and inaccuracies can be devastatingly costly in the long run. Errors in your estate plan can result in legal disputes, probate battles and avoidable tax burdens.

Estate planning attorneys bring a level of expertise and personal touch that AI cannot match. They can:

  • Ensure that all legal documents are accurate and tailored to your needs.
  • Provide critical thinking and problem-solving skills.
  • Address complex family dynamics and financial situations.
  • Guarantee confidentiality and privacy of your personal information.
  • Offer ongoing support and updates to your estate plan as laws and personal circumstances change.

The American College of Trust and Estate Counsel (ACTEC) reports that a New York lawyer used AI to find case law for his case. However, they discovered the cases were entirely fabricated, and he soon faced sanctions. A Florida attorney similarly faced suspension for submitting AI-generated pleadings with non-existent cases. Despite the progress in AI, these tools remain inadequate for legal purposes.

AI lacks the human element necessary for comprehensive estate planning. Human attorneys understand the nuances of the law with true understanding that AI simply cannot replicate. Furthermore, a human attorney brings interpersonal skills and business experience to your estate planning. They can foresee potential issues with your family and new developments in the law to create a comprehensive, enforceable estate plan.

Avoid using AI to create a DIY estate plan. While AI can help draft simple documents, it is not a substitute for an estate planning attorney’s expertise. The risks of inaccuracies, lack of customization and potential privacy breaches make it unreliable. A skilled estate planning attorney is needed to create a comprehensive and accurate estate plan. If you would like to learn more about the risks of DIY estate planning, please visit our previous posts. 

Reference: American College of Trust and Estate Counsel (ACTEC) (Apr. 18, 2024) ”Use of Artificial Intelligence (AI) in Creating an Estate Plan”

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Mistakes can lead to an Invalid Will

Mistakes can lead to an Invalid Will

May 11, 2022

One of the many reasons an experienced estate planning attorney is the best resource for creating an estate plan, including a Last Will and Testament, Power of Attorney and Health Care Proxy, is the confidence of knowing your estate plan has been properly prepared. People who believe they know better than an experienced lawyer, often send their families into a legal, financial, and emotional black hole after they die. Mistakes can lead to an invalid will. The article “Red Flags Indicating a Potentially Invalid Will” from The National Law Journal provides a closer look at why it pays to work with a professional.

When a decedent executes a new Last Will near the end of their life and makes a dramatic change to previous estate plans, there may be trouble ahead. When this is the case, several issues need to be examined to ensure that the document is valid. Strong consideration must be given to whether the person had sufficient capacity to execute the document.

When a person is suffering from an illness or near death, they may be susceptible to the improper influence of people who may cause them to make uncharacteristic changes to their estate plan. Any Last Will drafted within the last few months of a person’s life requires careful review.

If, shortly after a person has handed the reins of their financial life to another, using a Power of Attorney in any of its forms (Durable POA, Springing POA) and a new Last Will is created, a red flag should be raised, especially if the Last Will has been changed to benefit this person.

What if a person’s capacity was hovering near the borderline of capacity and incapacity? If a decedent’s mental capacity was questionable at the time the Last Will was executed, the Last Will may not be valid. A person with legal mental capacity must understand the assets they own and clearly understand to whom they are bequeathing assets. The standard for this issue is low, but if the decedent was suffering from a degenerative mental condition or a sudden onset of incapacity due to an illness or accident, the Last Will may be challenged.

If a layperson creates a Last Will or uses an online service to create it and the Last Will does not comply with the state’s estate laws, the Last Will may have technical issues rendering it invalid. When this occurs, it is as if there were no Last Will at all and the estate is distributed according to the laws of the state.

The biggest red flag is the presence of any large changes from the next to Last Will to the final Last Will, with no known reason for the change having been made. This may be a result of changes to mental capacity or undue influence of a third party. An experienced estate planning attorney is the best resource to create a Last Will. They will be among the first to ask why significant changes from a prior Last Will are being requested. Don’t allow mistakes to jeopardize your wishes and lead to an invalid will. If you would like to learn more about drafting a will, please visit our previous posts.

Reference: The National Law Journal (March 30, 2022) “Red Flags Indicating a Potentially Invalid Will”

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The Estate of The Union Episode 14: Needle in a Haystack - Finding the right Caregiver is out now!

 

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The Estate of The Union Season 4|Episode 8

The Estate of The Union Episode 9 out now!

September 24, 2021

The Estate of The Union Episode 9 out now! In the latest installment, Brad Wiewel of Texas Trust Law chats with Grace Cook of Harrell Funeral Home about a subject that is often overlooked – pre-planning your funeral.

Planning a funeral can be a daunting task for loved ones still grieving. It can also be an overwhelming financial burden on the family. Pre-arranging your own service will help to ease the burden of your loved ones.  It will also alleviate any questions, problems or differences, which can occur among family members. The arrangements you make will reflect your exact wishes and desires. You can give this gift of love by providing meaningful final instructions.

Brad and Grace share a lively discussion of the common problems she sees with funeral planning, as well as some of the more unique and special ways families have arranged memorials for the deceased. It can seem like a heavy subject, but pre-planning your funeral might be the last, best plan you ever make!

In each episode of The Estate of The Union podcast, host and lawyer Brad Wiewel will give valuable insight into estate planning, making an often daunting subject easier to understand.

It is Estate Planning Made Simple!

Harrell Funeral Home is the largest family-owned funeral home in Austin and the surrounding areas. You may reach them at harrellfuneralhomes.com.

The Estate of The Union can be found on Spotify, Apple podcasts, or anywhere you get your podcasts. Please click on the link below to listen to the new installment of The Estate of The Union podcast. The Estate of The Union Episode 9 out now. We hope you enjoy it.

The Estate of The Union Podcast Episode 9 out now

Texas Trust Law/Texas Trust Law focuses its practice exclusively in the area of wills, probate, estate planning, asset protection, and special needs planning. Brad Wiewel is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. 

The Estate of The Union Season 4|Episode 8

New Installment of The Estate of The Union Podcast

September 2, 2021

In this new installment of The Estate of The Union Podcast, Brad Wiewel is joined by Ann Lumley, JD, the Director of After Life Services and Trust Administration for Texas Trust Law to discuss celebrity estate planning screw ups.

The size and scope of the mistakes made by celebrities may be enormous, but many of the mistakes are common for, well, us common people. Ann and Brad discuss the havoc created by celebrities when they died with no planning or inadequate planning. It’s a fun, fast moving discussion on What-Not-To-Do. Learning lessons from celebrity estate planning mistakes is a good way to prevent yourself from making those same errors. If you don’t have an estate plan, get it started. If you haven’t looked at your estate plan in a while, have it reviewed.

In each episode of The Estate of The Union podcast, host and lawyer Brad Wiewel will give valuable insight into estate planning, making an often daunting subject easier to understand.

It is Estate Planning Made Simple!

The Estate of The Union can be found on Spotify, Apple podcasts, or anywhere you get your podcasts. Please click on the link below to listen to the new installment of The Estate of The Union podcast. We hope you enjoy it.

Episode 8 of The Estate of The Union podcast is out now

Texas Trust Law focuses its practice exclusively in the area of wills, probate, estate planning, asset protection, and special needs planning. Brad Wiewel is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. 

Information in our blogs is very general in nature and should not be acted upon without first consulting with an attorney. Please feel free to contact Texas Trust Law to schedule a complimentary consultation.
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