Life in Killeen can move faster than you expect. Many families focus on day-to-day concerns and delay long-term planning. Estate planning often feels distant until a crisis strikes. Yet, Texas law begins making decisions for you the moment you pass away without a valid will. These default rules rarely reflect what families in Bell County actually want.
Killeen residents often assume a spouse or children will automatically inherit everything, or that they do not own enough to justify formal planning. Understanding the most common mistakes can help protect your loved ones, avoid confusion, and reduce the risk of disputes in probate court.
A Killeen estate planning lawyer with the Law Office of Brett H. Pritchard can help you navigate these issues.
Mistake 1: Assuming Intestacy Will Match Your Wishes
Texas has statutes that govern what happens when someone dies without a will. These intestacy rules, found in the Texas Estates Code, divide property based on whether it is community or separate and which relatives survive. Informal statements or assumptions about fairness do not influence the outcome. Property is distributed using a fixed formula.
Many assume a surviving spouse inherits everything. But under Section 201.003, this only happens if all children are from the marriage and no other descendants exist.
If the deceased had children from another relationship, those children inherit the deceased’s half of the community property, while the spouse keeps only his or her half. This can be a shock to families who expected a different result.
Separate property is even more complex. Personal items and real estate may end up divided among several relatives. A will lets you control who inherits what and helps avoid confusion and conflict.
If you want your assets to go where you intend, speak with a Killeen estate planning attorney to create a clear, enforceable plan.
Mistake 2: Overlooking Community Property and Blended Family Challenges
Marriage in Texas typically creates community property, including homes, vehicles, and bank accounts acquired during the marriage. When someone dies without a will, these assets can pass in ways that create conflict—especially in blended families. Stepchildren, former spouses, and extended relatives may have expectations about inheritance.
Texas law gives children from prior relationships a share of the community property if the surviving spouse is not their parent. This can limit the surviving spouse’s control over important assets like the family home or business.
Children may suddenly inherit a share of the family home or business, even if they do not live in Killeen or maintain a positive relationship with the current spouse. A will allows you to divide property fairly, leave specific items to certain individuals, or create tailored arrangements for adult and minor children.
Discussing your goals with a Killeen estate planning lawyer can help you create a plan that respects everyone involved.
Mistake 3: Ignoring Guardianship Planning for Minor Children
Some parents assume relatives will naturally agree on who should care for children if both parents die. But Texas law prioritizes surviving parents and then relies on the court to decide. Without a written designation, the judge must weigh competing claims from family members.
Parents can name a preferred guardian in a will or separate legal document. The court must follow this choice unless serious concerns exist. Naming a guardian reduces uncertainty, minimizes disputes, and provides stability for children during a difficult time.
Financial decisions are also important. Parents can appoint a guardian of the estate or financial manager to handle a child’s inheritance. You can name the same person for both roles or choose different trusted adults. Without a plan, the court will decide, and flexibility is lost.
To protect your children and ensure your wishes are followed, consult a Killeen guardianship attorney.
Mistake 4: Failing To Prepare for Incapacity and Health Care Decisions
Estate planning isn't just about what happens after death. It should also address who will make decisions if you become incapacitated.
Texas recognizes advance directives and powers of attorney that allow you to express your wishes and appoint someone to make decisions. These include:
Medical directives (also called living wills)
Durable financial appointment for finances
Medical powers of attorney for health care decisions
Without these documents, family members may disagree about treatment options or end-of-life care. Hospitals may rely on default rules or seek court-appointed guardians. A plan in place makes these decisions clearer and less stressful.
Incapacitation can also affect finances. If no one has legal authority to manage your accounts or pay bills, loved ones must go through court-supervised guardianship. A durable power of attorney avoids this and lets a trusted person handle matters without delay.
Speak with a Killeen estate planning lawyer to ensure your plan covers both health care and financial decisions.
Mistake 5: Leaving Beneficiary Designations Unchecked
A will does not control everything. Life insurance, retirement accounts, and payable-on-death bank accounts pass outside of probate based on beneficiary forms. These documents override your will.
If a beneficiary form lists an ex-spouse or outdated contact, that person may still inherit. This often happens in blended families, where a person wants to provide for both a current spouse and children but forgets to update forms.
Uncoordinated designations can cause tension and legal battles. Families might be shocked when policies or accounts go to someone unexpected. Reviewing your beneficiaries regularly—especially after major life changes like marriage, divorce, or birth—is essential.
Non-probate assets also include joint accounts and certain real estate deeds. Adding a child to a bank account for convenience can accidentally give that child 100% ownership after your death.
Regularly reviewing and aligning beneficiary designations with your estate plan helps avoid conflicts. A Killeen probate attorney can help you coordinate these elements.
Don’t Wait for a Crisis to Plan
Estate planning is easy to put off. Between work, school, and everyday stress, it may seem less urgent. But unexpected events—from illness to military deployment—can leave families scrambling without guidance.
Many people delay because of discomfort or a belief that estate planning is only for the wealthy. In truth, even modest estates benefit from a clear plan. The process can be simple, and legal guidance ensures your wishes are followed.
A proactive appointment with a Killeen estate planning lawyer gives your family clarity and peace of mind.
How the Law Office of Brett H. Pritchard Can Help
Our Killeen estate planning attorneys understand the challenges local families face. We serve veterans, public servants, and families with unique needs. Whether you own a home in the city or land in rural Bell County, we can help you create a personalized, legally sound estate plan.
We will review your family situation, financial goals, and property types to recommend the right combination of wills, powers of attorney, guardianship designations, and beneficiary forms. Our advice is grounded in Texas law and tailored to your circumstances.
If you want to protect your family, reduce probate stress, and avoid common pitfalls, contact the Law Office of Brett H. Pritchard by filling out our online form or calling us at (254) 781-4222. Schedule a FREE consultation today to begin planning for peace of mind.