Dallas Wills & Trusts Attorney — Bilingual Estate Planning
A Texas will directs how your estate is distributed and can name a guardian for your minor children. Wills are governed by the Texas Estates Code — Chapter 251 (execution formalities) and Chapter 254 (revocation). A revocable living trust adds probate-avoidance and lifetime management. Garcia-Windsor, P.C. prepares wills, trusts, powers of attorney, and directives for Dallas families — bilingual and coordinated with any pending family-law matter.
Do You Need a Will if You Live in Texas?
Yes. Without a will, Texas Estates Code Chapter 201 controls how your property passes — the "intestate" distribution rules. If you are married with children, the intestate rules may leave your surviving spouse with only a life estate in your community-property home, with the children inheriting immediately. That is rarely what people want.
A will lets you name (a) an independent executor to administer your estate without court supervision, (b) a guardian of the person and estate for minor children, and (c) specific bequests. It also protects your family from a full-court-supervised "dependent administration," which is more expensive and slower.
Texas wills must be executed with two witnesses over 14 years old present (Est. Code §251.051) and are strongest when accompanied by a self-proving affidavit (§251.104), which lets the will be admitted to probate without calling the witnesses to testify.
Wills vs. Revocable Living Trusts in Texas
A revocable living trust holds assets during your lifetime and directs distribution at death without probate. For families with real estate in multiple states, out-of-state beneficiaries, or a desire for absolute privacy, a living trust can be worth the additional up-front cost.
For most Dallas families with only Texas assets, a properly drafted will plus a self-proving affidavit and "muniment of title" probate under Est. Code §257.001 (available when there is no estate debt other than taxes) can be as efficient as a trust — Texas has one of the most streamlined probate systems in the country.
We do not push clients toward more expensive vehicles than they need. Isabela will recommend a will-only plan, a will-plus-trust plan, or a trust-based plan based on your actual situation.
Our Bilingual Approach at Garcia-Windsor, P.C.
At Garcia-Windsor, P.C., every estate planning case is led personally by founding attorney Isabela A. Garcia. Isabela is Board of Legal Specialization-eligible family law counsel, a Super Lawyers Rising Star for family law in Dallas, and one of the Top 50 Women Leaders in Texas. She serves as the exclusive consulting attorney for the Mexican Consulate General of Dallas through the PALE program (Programa de Asistencia Jurídica a Personas Mexicanas).
We are fully bilingual — English and Spanish — from the first phone call through the final decree. That matters when a spouse, child, or key document lives on the other side of the border. Our office is in the Bishop Arts District at 1015 N Bishop Ave, Dallas, TX 75208; consultations are free and we respond to every inquiry within one business day.
We represent clients across Dallas County, Tarrant County, Collin County, Denton County, Ellis County, Kaufman County, and Rockwall County and appear regularly in the 254th, 255th, 256th, 301st, 302nd, 303rd, 304th, and 305th Judicial District Courts of Dallas County, filed through the Dallas County District Clerk at the George Allen Sr. Courts Building, 600 Commerce Street, Dallas, TX 75202.
The Ancillary Documents Every Adult Should Have
**Durable Power of Attorney** (Tex. Est. Code Ch. 751) — allows a trusted agent to handle your financial affairs if you become incapacitated. Without one, your family may have to file a guardianship proceeding to manage your money — expensive and public.
**Medical Power of Attorney** (Tex. Health & Safety Code Ch. 166) — names a health-care agent to make medical decisions if you cannot. Bilingual families should have a Spanish-language version if the named agent's primary language is Spanish.
**Directive to Physicians** (Living Will, Tex. Health & Safety Code §166.033) — your written instructions about end-of-life care.
**HIPAA Release** — authorizes health-care providers to share your medical information with named family members.
Estate Planning for Blended and Cross-Border Families
Blended families need attention: without careful drafting, a common-law spouse or a child from a prior relationship may be unintentionally disinherited — or, conversely, may inherit at the expense of your current family. Provisions for step-children, testamentary trusts for minor beneficiaries, and disinheritance clauses should all be considered.
Cross-border estates require coordination. Texas wills can dispose of Texas assets; Mexican wills or notarial acts ("testamento notarial") are typically needed for Mexican assets. We coordinate with Mexican counsel for clients with property or beneficiaries south of the border.
If either spouse holds a green card or is a foreign national, the U.S. estate-tax rules for non-U.S.-citizen surviving spouses (no unlimited marital deduction under 26 U.S.C. §2056(d)) require careful planning to avoid a surprise tax bill.
When to Call a Dallas Estate-Planning Attorney
Call when you have a child. When you buy a home. When you inherit. When you marry, divorce, or remarry. Each of these is a life event that should trigger a review of your will, powers of attorney, and beneficiary designations.
Call before you complete a divorce — beneficiary designations on life insurance and retirement accounts do not automatically update when a divorce becomes final. A common oversight is leaving an ex-spouse as the IRA beneficiary.
Consultations are free. Call 214-466-6699 or submit the online form.
Frequently Asked Questions
What happens if I die without a will in Texas?
Texas Estates Code Chapter 201 controls. Community property passes to the surviving spouse in many marriages, but separate property may be split between the spouse and children. Intestacy rarely tracks what people want.
How much does a simple will cost in Dallas?
A basic will with self-proving affidavit typically costs a low three-figure flat fee. Wills paired with powers of attorney and medical directives are usually bundled at a higher flat fee. We quote after a free consultation.
Do I need a living trust in Texas?
For most Texas families with only in-state assets, a will plus muniment-of-title probate is efficient. Trusts add value for multi-state property, privacy needs, or families with complex beneficiaries.
Can I write my own will in Texas?
You can (a holographic will in your own handwriting is valid under §251.052) but it must meet all statutory requirements. Errors in execution or ambiguity in language are the most common reasons wills fail in probate.
Does divorce revoke a will?
Divorce automatically revokes provisions in favor of an ex-spouse (Est. Code §123.001) but does not revoke the whole will. Beneficiary designations on life insurance and retirement accounts do not automatically change and must be updated separately.
Who should be my executor?
Someone you trust to handle money and paperwork carefully — commonly a spouse, adult child, sibling, or a trusted professional. In Texas, independent executors serve without court supervision, which is much less expensive.
Do I need a will if I don't own much?
Yes, especially if you have minor children — a will lets you name a guardian. It also lets you designate an executor and specify small bequests (heirlooms, personal items) that intestacy will not address.
Are U.S. wills valid for Mexican property?
Generally no. Mexican assets typically pass under a Mexican "testamento notarial" or under Mexican intestacy. Cross-border estates need both a Texas will and Mexican notarial documents.
Ready to discuss your wills & trusts case?
Call our Dallas office at 214-466-6699 or request a free consultation online.