Wills & Trusts

A will is not just a form you sign. It decides who raises your minor children, who settles your affairs, and whether your family spends a few weeks in probate or many stressful months. For Irving and Dallas-Fort Worth families, a plan drafted correctly under Texas law can keep things private, keep costs down, and keep your loved ones out of a courtroom fight during a time when they are already grieving.

Lincy Thomas helps couples, parents, single people, blended families, business owners, and mixed-citizenship households put clear plans in place. Whether you need a first will after buying a home in Las Colinas, a revocable living trust to handle property in more than one state, or guardianship nominations for young children, you work directly with your attorney from the first meeting through signing.

Who should have a will or trust

Almost every adult in Texas benefits from at least a will, and many families benefit from more. If you have minor children, own a home, have retirement or bank accounts, own a small business, or have been married more than once, a plan matters even more. Without a will, Texas intestacy law decides who inherits, and the result often surprises people, especially in blended families and community-property situations.

• Parents of minor children who want to name a guardian rather than leave that choice to a judge
• Homeowners who want to keep the house out of a long probate for a surviving spouse or children
• Blended families and second marriages where children from a prior relationship are involved
• Couples with a non-citizen spouse or heirs living abroad
• Anyone with property in more than one state, or who values privacy and wants to avoid public probate

What a valid Texas will requires, and the tools we use

A typical Texas will must be in writing, signed by you, and witnessed by two people who are at least 14 years old and sign in your presence. We add a self-proving affidavit, a short notarized statement that lets the court accept the will without tracking down your witnesses years later. That one document often saves your family real time and cost during probate. Handwritten (holographic) wills are recognized in Texas but are risky and easy to challenge, so we generally draft a formal, witnessed will instead.

We also name an independent executor in the will. Independent administration means the person you choose settles the estate with very little court supervision, which keeps Texas probate simpler and less expensive than the dependent administration used in many other states. For families who want to avoid probate or plan for incapacity, we look at revocable living trusts, transfer-on-death deeds, and beneficiary designations.

• Last will and testament with a self-proving affidavit and a named independent executor
• Guardianship nominations for minor children (and a backup guardian)
• Revocable living trust, when avoiding probate or managing incapacity is a goal
• Transfer-on-death deed for your home and beneficiary designations for accounts
• Special needs trust when a beneficiary receives, or may need, government benefits

When a revocable living trust helps, and when a will is enough

A revocable living trust is not for everyone, and we will tell you plainly if a simple will fits your situation better. A trust can help when you own real estate in more than one state, want to avoid probate entirely, value privacy, or want a smooth way to manage your affairs if you become incapacitated, without a court guardianship. You keep full control during your life and can change or cancel the trust at any time.

For many Texas families, an independent-executor will paired with a transfer-on-death deed and updated beneficiary designations reaches similar goals at a lower cost. The right answer depends on your assets, your family, and how much you value privacy versus simplicity. We walk through both paths so you can decide with real information rather than a sales pitch.

Blended families, community property, and non-citizen spouses

Texas is a community property state, which means most property acquired during a marriage is owned by both spouses, while property owned before the marriage or received by gift or inheritance is usually separate property. This distinction changes who inherits what, and it is the source of many hard surprises in second marriages. If you want your current spouse cared for during their life while making sure your children from a prior relationship eventually inherit, we can structure your will or trust to do exactly that.

Planning with a non-citizen spouse or heirs abroad takes extra care. Certain estate-tax rules treat a non-citizen surviving spouse differently, and some tools used for citizen spouses do not work the same way. Because Lincy Thomas handles both immigration and estate planning, we coordinate both sides so your plan reflects your family's real citizenship and residency situation.

• Separate the community-property and separate-property pieces so inheritances land where you intend
• Provide for a current spouse for life while protecting children from an earlier marriage
• Address a non-citizen spouse or heirs, including differences in estate-tax treatment
• Coordinate immigration status and estate planning when both touch your family

From first meeting to signed documents

1. Free initial consultation

   We sit down, talk through your family, your property, and what you want to happen. You leave knowing whether a will, a trust, or a combination fits, and roughly what it will cost.

2. Gather your details

   You share a short list of your assets, the people you want to name (executor, guardians, beneficiaries), and any special concerns. We flag community-property, blended-family, or non-citizen issues early.

3. We draft your documents

   Your attorney prepares the will, any trust, guardianship nominations, and supporting deeds or beneficiary forms, then explains each one in plain English so you understand what you are signing.

4. Review and revise

   You read the drafts and we adjust anything that does not match your wishes. Getting names, guardians, and property right at this stage prevents problems later.

5. Sign, notarize, and store

   We sign the will with two witnesses and a notary for the self-proving affidavit, then tell your family where the originals are kept. We also revisit the plan after big life changes.

Common questions about Texas wills and trusts