6 Do-It-Yourself Disasters to Avoid

March 15, 2024

When doing it yourself may not be the answer

A good estate plan is a tremendous gift to your loved ones and to yourself. It will ensure your assets pass to the people you want to benefit and to the causes and organizations that matter to you. It can minimize probate costs, reduce taxes, and insulate inheritances from creditors. It can provide a succession plan for a family business. It can protect you if you are incapacitated, ease the emotional burdens on your family, and give you great peace of mind. In contrast, lack of an estate plan or an ill-conceived estate plan may mean that taxes and fees eat deeply into your estate, probate drags on, the wrong people inherit, and your family suffers turmoil. Many families have been destroyed by bickering over what a departed loved one would have wanted when he or she left no estate plan or a defective one. Of course, you can go online and find a template that may or may not suit your needs, and to tell you the truth, we fix a lot of DIY estate plans, but I highly advise against going at this alone. Today, I want to share with you six “Do It Yourself Disasters” that you should steer clear of when creating your estate plan.

#1. RELYING ON A HANDWRITTEN WILL OR LETTER EXPRESSING YOUR WISHES.

Sometimes people leave a handwritten will or letter to their loved ones expressing their intentions for the disposition of their estate. Some jurisdictions accept handwritten wills (called holographic wills) for probate even though they are not properly witnessed, but not all do. If you live in a jurisdiction that does not, your handwritten document will have no effect on the disposition of your estate.

Handwritten wills, even where legal, are more likely to provoke contests and be denied probate than typed or printed wills because they often have flaws that raise questions about their authenticity and validity. For example, they may be unsigned or signed “Bob,” ”Dad,” or “Grandma” rather than with the testator’s full name; they may not be dated; they may not clearly state that they are intended to be wills; they may have strike outs, insertions, and other obvious alterations creating ambiguity or even raising the possibility of forgery.

#2. DRAFTING YOUR OWN WILL.

Regardless of whether a will is handwritten, typed, or prepared with a preprinted form, self-drafted wills are notorious for mistakes. Some common problems include:

Making a gift of one or more specific assets to a particular person without considering what will happen to that person’s inheritance if you no longer own the asset when you die. As a general rule, if your will attempts to give away an asset you no longer own, the gift lapses and the beneficiary isn’t provided with an alternative gift. However, the result may depend on how a court in your state would interpret the language of your will. For example, suppose you leave your home, which you describe in your will by its street address, to your daughter. At the time of your death, you have a different home at a different address. Does your daughter get nothing, or does she get your current home? There is a correct way to provide either option. Your estate planning attorney will know how to word your gift of a specific asset to account for your wishes should you no longer own the asset when you die.

Not providing alternative beneficiaries who would take if the first named person predeceases you. In this case, do you want the deceased beneficiary’s gift to go to his or her heirs or to someone else? For example, suppose you provide that your estate is to be shared equally between your two children. If one of your children predeceases you, do you want your deceased child’s share to go to your other child or do you want it to go to your deceased child’s children (your grandchildren)? If your deceased child has two children, do you want them each to take a quarter of your estate with your surviving child receiving half or do you want your two grandchildren and your surviving child to each get a third of your estate? An estate planning attorney will discuss these issues with you and include the appropriate language in your will to ensure your wishes will be carried out.

Failing to provide for what should happen to property in your estate that you have not specifically mentioned in your will. The property could be omitted through oversight; it could have been acquired after the will was drafted; or its intended beneficiary could have predeceased you and you did not name an alternate. The solution is to include a residuary clause in your will. A residuary clause is a provision in a will that disposes of any property in your probate estate that is not disposed of by other provisions in your will. Your will needs a residuary clause even if you think you have dealt with all your property. If you omit a residuary clause from your will, any assets in your estate that have not been disposed of will pass to your heirs pursuant to the laws of intestacy just as though you did not have a will.

Failing to provide for the possibility that you may have more children after executing your will. States have laws designed to protect children born after a will is executed from being unintentionally disinherited. These laws vary and are not guarantee. The safest approach to ensuring an after born child gets a share of your estate is to update your estate plan after the birth. To guard against the possibility that, for whatever reason, you neglect to update your estate plan, you can include language in your estate planning documents to the effect that you intend for any children born to or adopted by you after the date you execute your will to share in your estate to the same extent as your other children.

#3. RELYING ON A WILL OR TRUST KIT YOU PURCHASED AT A STORE OR ON THE INTERNET.

There are a lot of do-it-yourself options when it comes to drafting estate planning documents, including a will. Most of these do-it-yourself options are internet-based companies that advertise full completion of your documents by just filling out some online fields. Others offer kits where you complete your will on forms. However, writing your own will and/or estate plan is not a good idea. Unfortunately, estate planning is not a one size fits all model. Just as everyone’s fingerprints are different, so are everyone’s estate planning needs. What will work for you and your family will most likely be different from what will work for your brother, parents, co-worker, or friend.

These do-it-yourself forms, whether found in books or online, are generated by estate planning computer soft- ware that is designed to cover only the most basic of estate planning needs. These forms also deliberately keep it as simple as possible in order to comply with the laws of all 50 states and the District of Columbia. Each of these print and online resources comes with a disclaimer, “The information contained in this book/program is not legal advice and is not a substitute for legal advice. For legal advice, consult with an attorney.” The reality is that even books and programs about estate planning recommend that you seek the expertise of an experienced estate planning attorney.

#4. ATTEMPTING TO DISPOSE OF PROPERTY IN YOUR WILL THAT IS NOT PART OF YOUR ESTATE.

If you own property (e.g., real estate or bank accounts) in joint tenancy with right of survivorship, on your death, your interest in the property belongs to the surviving co-owner. You cannot pass your interest to anyone else in your will. Any attempt to do so is void. If you don’t want your co-owner to succeed to your interest, you will have to take steps to sever the joint tenancy while you are still alive. Similarly, you cannot dispose of property in your will that passes by beneficiary designation.

#5. NOT EXECUTING YOUR ESTATE PLANNING DOCUMENTS WITH THE LEGALLY REQUIRED FORMALITIES.

Even if you have professionally prepared estate planning documents, all your planning can be for nothing if the documents are not executed correctly. A document that is improperly executed is not valid.

Each state has its own requirements, but in most states, a will must be written and show the testator’s intent to make a will; the testator must have testamentary capacity; the will must be signed by the testator in the presence of two witness who watch the testator sign the will and then sign it themselves. The witnesses must also be disinterested parties, which means they are not beneficiaries under the will.

Other estate planning documents require similar execution procedures. For example, financial powers of attorney typically have to be signed and notarized and living wills and medical powers of attorney typically have to be signed before two witnesses or a notary.

Many estate planning attorneys offer to hold a signing ceremony at their offices so that they can supervise the execution of the documents. It’s a good idea to take advantage of this opportunity.

#6. ATTEMPTING TO REVISE OR AMEND YOUR ESTATE PLANNING DOCUMENTS YOURSELF.

For the same reasons that you should hire a qualified estate planning attorney to draft your initial estate plan, you should also hire a qualified estate planning attorney to revise or amend your estate plan. There are rules about how documents can be revised. Often the best procedure is to revoke the old document and replace it with a completely new updated one. If revisions are done improperly, your efforts to update your documents can invalidate not only the changes you wish to make, but even the original document.

For example, people often try to make changes to their wills by crossing out provisions they no longer want and handwriting in their changes. You should never attempt to amend your will this way. After you make the handwritten changes, the will would need to be re-executed in front of witnesses, which rarely happens. The net effect may be that the deletions are valid (because you can revoke a will by defacing it), but the additions are not, so you end up with no will or a will that you never intended to make.

You play a crucial role in developing a good estate plan. You have to take the initiative to find the right estate planning professional to work with. And you need to be engaged in the planning process every step of the way. One of the most important things you can do is educate yourself. Although you do not need to understand all the technicalities involved in estate planning, you need a basic understanding of what can be achieved given the extent of your estate and the needs of your loved ones. Contact my office for more information, we would be happy to help.

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They Turned 18! Now What??

April 25, 2025

If you’re like many of my clients, this season brings a new chapter—one that’s marked by Target runs, dorm room checklists, and the bittersweet feeling of watching your son or daughter pack up and head off to college. It’s exciting. It’s nerve-wracking. And yes, you’ll worry—because that’s what good parents do. You’ll wonder if they’re eating enough vegetables, if they’re studying more than they’re streaming Netflix, and if they’re sleeping in beds instead of on beanbags. But while those are normal worries, there’s one major concern that too many parents overlook: what happens if your child has a medical or financial emergency while away at school? Here’s the kicker: once your child turns 18, the legal rules of parenting change entirely. They may still be on your insurance plan. You may still be footing the tuition bill (and the Uber Eats account). But in the eyes of the law, they are now an adult—and that means you are no longer automatically entitled to know what’s going on in their life. Especially when it comes to their health and finances. Let me paint you a picture… The College Emergency That No One Warned You About Your child ends up in the emergency room after a bike accident on campus. You get a call from a friend or roommate, and you rush to call the hospital to find out more. What do you hear? “I’m sorry, we can’t release any information about that patient.” It doesn’t matter that you’re the parent. It doesn’t matter that you’re paying the bills. The HIPAA law—a well-meaning federal law that protects patient privacy—forbids doctors from sharing any medical information about your adult child without their explicit consent. Even in an emergency. Even if your child is unconscious. Even if they need life-saving decisions made on their behalf. The Simple Solution Every Parent Should Have in Place Now, I’m not here to scare you—I’m here to prepare you. Because the solution is simple, inexpensive, and critically important. Every college-bound student should have the following three documents in place before they ever leave home: HIPAA Release Authorization This gives you legal permission to receive medical information about your child in case of an emergency. Designation of Health Care Surrogate (also known as a Medical Power of Attorney) This allows you to make medical decisions on their behalf if they are unable to. Durable Power of Attorney This enables you to help manage your child’s finances—whether that’s accessing their bank account, helping with tuition payments, or resolving issues with their landlord. These documents put you back in the role of trusted decision-maker—not because you’re controlling, but because you care. What’s a Parent to Do? Let’s Talk. If you’re reading this and feeling that familiar parental tug—that urge to do something smart for your kid’s future—you’re in the right place. I’ve created a free, easy-to-follow guide that walks you through what these documents are, why they matter, and how to get started. You’ll find the QR code below—scan it and download the guide in under a minute. And if you’re ready to take the next step? Call my office. We’ll walk you through the process and help you get everything in place before your young scholar heads off to conquer the world. Because you may not be able to control how many classes they skip or whether they eat enough protein, but you can make sure that if the worst happens, you’re ready. Warm regards, Joseph Michael Dickerson Board-Certified Estate Planner The J.M. Dickerson Law Firm P.S. Got more than one child heading to college? Let’s get a family plan in place. This isn’t one of those “maybe someday” items. It’s an easy win for your peace of mind today. Let’s get it done.

Do You Really Need an Estate Plan? Absolutely—And Here’s Why

April 11, 2025

By Joseph Michael Dickerson, Board-Certified Estate Planning Attorney Let’s set the record straight: you don’t need a mansion in Beverly Hills, a fleet of exotic cars, or a rare wine cellar to justify having an estate plan. If you’re a hardworking Texan with a home, a savings account, and people you care about—you need one. I’ve had countless clients ask me, “Do I really need an estate plan?” And my answer is always the same: Yes. You absolutely do. Why? Because estate planning isn’t about how much you have—it’s about what happens to what you do have. It’s about creating certainty, avoiding chaos, and making life easier for the people you love most. W hat Is an “Estate,” Really? Let’s demystify the word. Your estate is simply everything you own when you pass away. That could be a modest home, a truck, a retirement account, and a few family heirlooms. It could also be a business, investments, or real estate. Whether your estate is simple or complex, it still needs to be managed—and without a plan, the government and the courts will step in to do it for you. I’ve seen what happens when folks leave things to chance. Court involvement, higher attorney’s fees, delays, disputes among family members. And all of it could’ve been avoided with a well-drafted estate plan. No Plan = Big Problems If you pass away without a plan in Texas, the legal system doesn’t just shrug and walk away. It steps in—and often in ways that can surprise and burden your family. For example, your loved ones may be required to go through dependent administration, a court-supervised probate process that’s expensive, slow, and stressful. They may need to obtain a bond, appear in court multiple times, or hire multiple professionals to sort through things. It can drag on for months—or years. And if you’ve got a blended family, things get even more complicated. Did you know that in some cases, your stepchildren could inherit part of your estate—including rights to the family home—if you don’t have a plan? That could leave your surviving spouse in a legal bind, unable to sell or refinance without their consent. I’ve seen this happen, and it’s heartbreaking—but it’s also entirely preventable. Estate Planning Is an Act of Love Let’s be clear: estate planning isn’t just a legal process—it’s a gift to your family. It gives them clarity, direction, and peace during a time of grief. It saves them money. It avoids conflict. And it gives you peace of mind knowing that your wishes will be honored and your legacy protected. Texas law actually makes things easier for families with a solid plan. There are streamlined options like independent or summary administration—but only if you set things up properly ahead of time. That’s where the guidance of an experienced estate planning attorney makes all the difference. The Bottom Line You don’t need to be rich to need an estate plan. You just need to care about what happens to the people and things you leave behind. Estate planning is about making smart, thoughtful decisions now so that your family doesn’t have to make difficult, expensive decisions later. It’s about putting a plan in writing while you’re alive and well, so that your wishes—not the state’s—are the ones that matter when the time comes. If you haven’t created an estate plan yet, I encourage you: don’t wait. This is one of the most important steps you can take to protect your family, your assets, and your legacy. Let’s get your affairs in order—so you can get back to living with confidence.

Molding Your Financial Future in 2025

January 17, 2025

As we step into the new year, I find myself reflecting on the countless entrepreneurs, professionals, and business owners I’ve worked with throughout my career. Helping clients mold a shield of protection around their assets has been one of the most rewarding aspects of my practice. Time and time again, I’ve witnessed that success isn’t reserved for geniuses, nor does it require a fancy degree. The secret lies in action, strategy, and discipline—traits anyone can cultivate to achieve and maintain wealth. The Myth of Instant Wealth How often have we heard someone say, “When I win the lottery, I’ll finally be set”? It’s a common refrain, but let’s examine the reality. Imagine winning $10 million in the lottery. After choosing the lump sum option and paying taxes, you might walk away with only a fraction of that—perhaps $2 million. Without a solid financial plan, it’s no surprise that many lottery winners end up broke within a few years. True wealth isn’t about luck or flashy possessions. It’s about what you do with your resources and how you protect them. If you look around your community, the truly wealthy aren’t necessarily the ones with the biggest houses or newest cars. They’re often the ones who’ve taken calculated risks, lived within their means, and built unglamorous but steady businesses. These individuals mold the clay they’re given, creating shields of protection around their assets that ensure their financial stability for generations. The Trap of Looking Rich We’ve all seen it—the big house, luxury car, and designer wardrobe. But appearances can be deceiving. Many who look wealthy are drowning in debt, spending more than they earn, and chasing the illusion of success. As my wife lovingly calls it, Dickersonism #7: “Looking rich does not MAKE you rich.” True wealth is built on a foundation of solid, income-generating assets, not consumables. Falling into the trap of “keeping up with the Joneses” (or Kardashians) often leads to financial instability and missed opportunities to create lasting wealth. The Cost of Inaction One of the greatest obstacles to wealth and protection is inaction. Henry Ford famously said, “If you think you can, you can. If you think you can’t, you can’t. Either way, you’re right.” Inaction is the path of least resistance, but it’s also the path to missed opportunities and unfulfilled potential. Some hesitate out of fear or over-analysis, a condition I call “analysis paralysis.” It’s easy to get caught up in what could go wrong, but this mindset keeps you stagnant. Every successful person I’ve worked with has one thing in common: they took action. They understood the risks but focused on the rewards, moving forward despite uncertainty. Setting Your Course for 2025 If you haven’t taken steps to mold your financial future, now is the time. Ask yourself: Where do you want to be a year from now? In five years? In ten? Define your goals and begin building the path to reach them. Just as importantly, protect what you’ve built. Not having a plan to shield your assets is like running exposed electrical wiring—sooner or later, you’ll face unnecessary risks. A board-certified estate planning attorney can help you design a plan to safeguard your wealth, ensuring it stays secure for you and your loved ones. Take Control of Your Future Success doesn’t just happen—it’s molded. Listen to trusted advisors, but remember that the final decisions are yours to make. Clarify your vision, take bold steps, and build the life you’ve always dreamed of. At The J.M. Dickerson Law Firm, we’re here to guide you every step of the way. Whether in person, by appointment, or via Zoom, we’re committed to helping you create a legacy of success and security. Contact us today, we can help! South Texas: 956-791-5422 Central Texas: 830-302-4577 Let’s make 2025 your year of action, growth, and protection.

Embracing the Holidays as a Time for Estate Planning

December 20, 2024

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Start the New Year Strong: Four Steps to Success

December 13, 2024

As the end of the year approaches, it’s easy to feel the weight of unfinished tasks and the hustle of the holiday season. Between wrapping up work projects, preparing for family gatherings, and making plans for the future, this time of year can feel overwhelming. But amidst the busyness lies a valuable opportunity—the chance to press reset and prepare for a fresh start. The New Year offers a clean slate, making it the perfect time to reflect, reorganize, and refocus your goals. By dedicating some time to the right activities now, you can set yourself up for success in the months ahead. Here are four key steps to help you start the New Year on solid footing. Step 1: Reflect on the Past Year As the calendar flips to a new year, many of us naturally find ourselves looking back at the previous 12 months. This is the perfect moment to assess your professional and personal accomplishments, challenges, and growth. Ask yourself: • What were my biggest successes this year? • What goals did I miss, and why? • What strategies or habits worked well for me? • Where can I improve moving forward? Reflection isn’t just about identifying wins and losses; it’s about understanding the “why” behind them. Seek feedback from colleagues, mentors, or trusted peers to gain new perspectives. The more honest and thorough your evaluation, the more valuable it will be as a foundation for future planning. Step 2: Create a Game Plan for the Year Ahead Reflection is only the beginning. To make real progress, you need a clear and actionable plan for the year ahead. Start by defining your big-picture goal for the next 12 months. What’s the most important outcome you want to achieve? Once you have that, break it down into smaller, measurable objectives. For example, if your goal is to expand your business, your smaller objectives might include increasing marketing efforts, attending networking events, or launching a new service. Outline the steps needed to achieve each objective and set realistic timelines for completion. Revisit your goals regularly—at least quarterly—to ensure you’re staying on track or to adjust for any changes in your circumstances. Flexibility is key to maintaining momentum throughout the year. Step 3: Declutter Your Inbox An overflowing email inbox can be a constant source of low-grade stress. Ending the year with a streamlined and organized inbox can give you a fresh sense of control as you head into January. Here’s how to tackle it: • Respond immediately to any urgent or unresolved messages. • Delete emails that are no longer relevant. • Unsubscribe from newsletters or mailing lists you no longer find useful. • Create folders and filters to better organize incoming messages moving forward. To keep your inbox manageable, schedule regular cleanups throughout the year. Whether monthly or quarterly, these maintenance sessions will prevent clutter from building up again. Step 4: Knock Out Small Tasks The small, unfinished tasks lingering on your to-do list can be more draining than you realize. Use this time to cross off as many as possible before the New Year begins. • File paperwork that’s been piling up. • Respond to emails you’ve been avoiding. • Wrap up loose ends on ongoing projects. Completing these small but nagging tasks will give you a sense of accomplishment and free up your mental bandwidth for bigger goals in the New Year. Starting January with a clean slate will allow you to hit the ground running. Your Fresh Start A new year is a chance to realign your priorities, set meaningful goals, and approach your work with renewed focus. By reflecting on the past year, setting actionable goals, decluttering your space, and tying up loose ends, you’ll create the foundation for a successful year ahead. Whether you spread these steps out over a few weeks or tackle them all in one day, the most important thing is to commit to the process. A little effort now can make a big difference in how you start the year—and how you finish it. Here’s to making the most of your fresh start!