Estate Planning

Do You Need a Will or a Trust in Texas?

Published on: May 14, 2026 | By McCulloch & Miller, PLLC

The difference comes down to this: a will takes effect only after you die and must pass through probate, while a living trust takes effect as soon as you create it and can avoid probate entirely. Most Texas families need a will at a minimum. Whether you also need a trust depends on the size of your estate, your privacy concerns, and whether you want to keep assets out of court. For many people, the right answer is both.

McCulloch & Miller, PLLC helps families across Houston, Harris County, and the greater Houston metro area choose between — and often combine — wills and trusts as part of a complete estate plan. With over 35 years of experience and a founding partner who is both an attorney and a CPA, the firm matches the right tools to each family’s situation rather than applying a one-size-fits-all template.

What Is the Difference Between a Will and a Trust in Texas?

A will is a document that directs who receives your property after death and names an executor to carry out your wishes. It only operates after you die, and it must be admitted to probate for your executor to gain authority. A living trust, by contrast, is a legal entity you create now, transfer assets into, and control during your lifetime — and it passes those assets to your beneficiaries at death without probate.

Estate Planning for Blended Families in Texas

Published on: April 28, 2026 | By McCulloch & Miller, PLLC

Blended families — households that include children from prior relationships, stepchildren, or both — face estate planning challenges that traditional families do not. Texas community property law, intestate succession rules, and the legal distinction between biological children and stepchildren can create outcomes that surprise families who assume “everything goes to my spouse.” Without a deliberate plan, a surviving spouse and the decedent’s children from a prior relationship may end up sharing ownership of the family home, competing for assets, or locked in a probate administration that drains the estate.

McCulloch & Miller, PLLC helps blended families in Houston, Harris County, and across the greater Houston metro area build estate plans that protect every member of the family. The firm’s attorneys have over 35 years of experience addressing the unique dynamics of blended family planning under Texas law, with founding partner Thomas McCulloch bringing dual JD/CPA credentials that strengthen the financial analysis behind every plan.

Why Does Blended Family Estate Planning Require Special Attention in Texas?

Texas is a community property state, which means most assets acquired during a marriage belong equally to both spouses. When a spouse in a blended family dies without a will, the Texas Estates Code § 201.003 dictates that the decedent’s one-half share of community property passes to the decedent’s children — not to the surviving spouse. If the children are from a prior relationship, the surviving spouse receives nothing from the decedent’s community property share.

Irrevocable Trusts in Texas: When and Why to Use One

Published on: April 9, 2026 | By McCulloch & Miller, PLLC

An irrevocable trust is a legal arrangement that, once established, generally cannot be changed, amended, or revoked by the person who created it. Unlike a revocable living trust — where the grantor retains full control and can modify the terms at any time — an irrevocable trust transfers ownership of assets out of the grantor’s estate permanently. That loss of control is the trade-off for significant benefits: asset protection, estate tax reduction, Medicaid planning advantages, and the ability to provide structured distributions to beneficiaries over time.

McCulloch & Miller, PLLC helps families in Dallas, Houston, and across Texas evaluate whether an irrevocable trust fits their estate planning goals. The firm’s trust planning attorneys have over 35 years of experience drafting and administering trusts under the Texas Property Code and the Texas Trust Code, with founding partner Thomas McCulloch bringing dual JD/CPA credentials that strengthen the tax-planning analysis behind every trust strategy.

What Is an Irrevocable Trust?

An irrevocable trust is a trust that the grantor cannot unilaterally modify, amend, or terminate after it is created. Once assets are transferred into the trust, they are owned by the trust — not by the grantor. The trustee manages the assets according to the trust’s terms, and the beneficiaries receive distributions as the trust document directs.

How to Choose the Right Executor for Your Texas Will

Published on: April 4, 2026 | By McCulloch & Miller, PLLC

The executor of your will is the person who carries out your final wishes — collecting your assets, paying your debts, filing tax returns, and distributing what remains to your beneficiaries. In Texas, the executor (called the “independent executor” when granted that authority) has broad legal power to manage your estate with minimal court oversight. Choosing the wrong person for this role can lead to delays, family conflict, financial mismanagement, and unnecessary costs that diminish what your beneficiaries receive.

McCulloch & Miller, PLLC helps families in Dallas, Houston, and across Texas make informed decisions about executor selection as part of a comprehensive estate plan. The firm’s attorneys have guided thousands of families through the planning process over more than 35 years, and they regularly see the difference a well-chosen executor makes when it is time to administer the estate.

What Does an Executor Do in Texas?

An executor’s responsibilities begin as soon as the probate court issues Letters Testamentary and continue until the estate is fully administered and closed. Under the Texas Estates Code, an independent executor’s duties include locating and securing the decedent’s assets, filing an inventory and appraisement within 90 days, publishing notice to creditors, evaluating and paying valid debts, filing any required federal and state tax returns, and distributing the remaining assets to beneficiaries according to the terms of the will.

Can You Use a Small Estate Affidavit in Houston

Published on: March 28, 2026 | By McCulloch & Miller, PLLC

A Small Estate Affidavit can be a useful shortcut for the right Houston estate, but it is not available in every case. Texas law limits who can use it, when it can be used, and what property it can actually transfer.

That matters because many families hear the phrase and assume it is a general way to avoid probate. It is not. It is a narrow statutory option that works only when the estate checks several specific boxes.

What a Small Estate Affidavit Is

What Happens if Someone Dies Without a Will in Austin, Texas

Published on: March 2, 2026 | By McCulloch & Miller, PLLC

If someone dies without a will in Austin, Texas law decides who inherits the estate. That does not mean the state takes everything. It means the estate passes under intestate succession rules instead of under the deceased person’s personal instructions.

For many families, the harder part is not only figuring out who inherits. It is figuring out who has authority to act, whether probate is needed, and how to deal with a house, bank account, or other property that was left behind.

Dying Without a Will Means Dying Intestate

Powers of Attorney in Texas: What Every Family Should Know

Published on: February 24, 2026 | By Thomas W. McCulloch

A power of attorney is one of the most important — and most overlooked — documents in a Texas estate plan. It allows you to designate a trusted person to make financial or medical decisions on your behalf if you become unable to make them yourself. Without a valid power of attorney in place, your family may need to pursue a court-supervised guardianship in Dallas County, Harris County, or wherever you reside — a process that is far more expensive, time-consuming, and invasive than executing these documents while you are still able to.

McCulloch & Miller, PLLC helps families in Dallas, Houston, and across Texas prepare durable powers of attorney and medical powers of attorney as part of a comprehensive estate plan. The firm’s attorneys have over 35 years of experience drafting these documents under the Texas Estates Code and the Texas Civil Practice and Remedies Code, ensuring they are properly executed and will be accepted when they are needed most.

What Is a Durable Power of Attorney in Texas?

What Happens When Someone Dies Without a Will in Texas?

Published on: February 18, 2026 | By Thomas W. McCulloch

When a Texas resident dies without a will — known legally as dying “intestate” — state law determines who inherits their property. Under Texas Estates Code § 201.001 et seq., the decedent’s assets pass to surviving family members according to a fixed statutory formula. The results can be surprising, especially for families in Dallas, Houston, and other Texas cities who assumed their loved one’s property would automatically go to a surviving spouse or children.

McCulloch & Miller, PLLC helps families across Texas understand their rights and options when a loved one dies intestate. The firm’s probate attorneys have over 35 years of experience handling intestate estates in Dallas County, Harris County, and courts throughout the state, with flat fee pricing available on many matters.

How Does Texas Intestate Succession Work?

Revocable Living Trust vs. Will in Texas: Which Do You Need?

Published on: February 8, 2026 | By David W. Miller

Every Texas estate plan starts with a basic question: should you use a will, a revocable living trust, or both? The answer depends on the size and nature of your assets, your family situation, and how much control you want over the distribution process. A will takes effect only after death and must go through probate. A revocable living trust can hold assets during your lifetime, transfer them to beneficiaries after death without probate, and provide a framework for managing your finances if you become incapacitated.

McCulloch & Miller, PLLC helps families in Austin, Houston, and throughout Texas evaluate these options and build estate plans tailored to their goals. The firm’s estate planning attorneys have over 35 years of experience drafting wills and trusts under the Texas Estates Code and the Texas Property Code, and founding partner Thomas McCulloch’s dual JD/CPA credentials bring a tax-planning perspective that strengthens every plan.

What Is a Will in Texas?

Affidavits Of Heirship For Dallas Rental Portfolios—When They Work, When They Don’t, And How To Avoid Title Surprises

Published on: January 27, 2026 | By David W. Miller

Affidavits Of Heirship For Dallas Rental Portfolios—When They Work, When They Don’t, And How To Avoid Title Surprises

Affidavits of heirship sound simple: two disinterested people sign a sworn statement about family history, and—on paper—title passes to the heirs. For Dallas landlords with multiple rentals, the tool can look like a quick alternative to probate. Sometimes it is. Other times, title companies balk, lenders refuse to refinance, and a planned sale collapses. If you understand where affidavits fit and where they fail, you can keep rent flowing and reduce closing-table surprises.

What An Affidavit Of Heirship Actually Does

An affidavit of heirship is a recorded statement that outlines the decedent’s marital status, children, and family tree to identify heirs under Texas intestacy rules. When accepted, it allows the real-property records to show the heirs as owners without a court order. Title companies weigh these affidavits differently based on age, clarity, and whether any heir contests ownership. For modest, long-held homes with clean tax histories, they can be enough. For portfolios with recent loans or layered entities, expect more scrutiny.