Estate Planning Lawyers in Austin, Texas
Estate planning ensures your assets are distributed according to your wishes after death and that someone you trust can make decisions on your behalf if you become incapacitated. A comprehensive estate plan typically includes a will, trusts, powers of attorney, and healthcare directives. An attorney can create a plan tailored to your family, assets, and goals.
Estate Planning Law in Texas
Texas has its own distinct legal landscape that affects personal injury cases. The state follows a modified comparative fault rule — you can recover damages as long as you are not more than 50% responsible for the incident. Texas also has specific caps on certain types of damages in medical malpractice cases, and a two-year statute of limitations for most personal injury claims.
Key Texas Statutes
- Two-year statute of limitations for personal injury (Texas Civil Practice and Remedies Code, Chapter 16)
- Modified comparative fault — recovery barred if you are 51% or more at fault (Chapter 33)
- Medical malpractice non-economic damage caps of $250,000 per provider, $500,000 for hospitals (Chapter 74)
- Texas is a "fault" state for car accidents — you can file against the at-fault driver
- Employers may opt out of workers' compensation — Texas is the only state that allows this
Common Estate Planning Situations in Austin
- Wills and last testaments
- Revocable and irrevocable trusts
- Powers of attorney (financial and medical)
- Advance healthcare directives
- Probate and estate administration
- Estate disputes and will contests
Frequently Asked Questions
Do I need an estate plan if I don't have a lot of assets?
Yes. Estate planning isn't just about money. It determines who cares for your minor children, who makes medical decisions if you're incapacitated, and how your possessions (however modest) are distributed. Without a plan, your state's intestacy laws decide for you.
What happens if I die without a will?
Your state's intestacy laws determine how property is distributed — typically to a spouse and children, though the split differs by state and, in community property states such as Texas, on whether the property is community or separate. The result may not match your wishes, and the process is more expensive and time-consuming for your family.
This page is for informational purposes only and does not constitute legal advice. No two situations are the same — consult a qualified attorney for guidance on yours.
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