Texas Seniors & Retirees

Estate Planning for Texas Seniors

You have spent decades building a home, a retirement account, and a life on your own terms. A flat-fee estate plan from Robbins Estate Law keeps all of it protected, out of probate court, and in your hands — not the courts, not the state, and not a long list of legal bills.

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Estate Planning for Texas Seniors: What You Need to Know

Most Texas seniors who contact us have already done some research. They know probate is slow and public. They have heard of a Lady Bird Deed. What they need is a plan that actually fits their situation.

You likely need this if any of the following apply:

You own your home and want it to pass directly to your family without months in a Texas probate court
You have an IRA or 401(k) and are not sure whether the beneficiary form matches your current wishes
You want to stay in control of your medical and financial decisions for as long as possible — on your own terms

If any of those fit, you are in the right place.

Get Help Now - Contact Robbins Estate Law

512-270-2557

"Most seniors I meet have a Will from ten years ago and beneficiary forms they filled out at HR on their first day at work. Neither one reflects their life today. That gap is exactly what we fix."
— Kyle Robbins, Esq

What We Build For You

Your Senior Estate Plan: The Five Pillars

Every senior estate plan we build at Robbins Estate Law covers five areas. Each one addresses a specific risk that Texas retirees face.

1. HOME PROTECTION: Probate Avoidance

Passing a home through a standard Will forces your family into a public, months-long probate case in your local county court. We avoid this using two primary Texas tools:

Lady Bird Deeds: This enhanced life estate deed lets you keep full control of your home during your lifetime, but transfers it to your heirs automatically at death without probate. Critically, it can be signed by a valid Power of Attorney if your health changes.

Transfer on Death Deeds (TODD): This works similarly under Texas Estates Code Ch. 114, but must be signed by you personally with full mental capacity; a Power of Attorney cannot execute a TODD.

* Important Note: Your heirs do not automatically keep your homestead exemption. They must reapply with the county appraisal district within two years under Tex. Tax Code § 11.43.

2. MEDICAID LOOKBACK AND MERP PROTECTION

If you ever require long-term care funded by Medicaid, the state reviews your financial transactions from the prior five years. Uncoordinated gifts to children can trigger penalties. Furthermore, the Texas Medicaid Estate Recovery Program (MERP) can claim reimbursement from your estate after death. We structure your assets early so your home is protected from this recovery process.

3. IRA AND RETIREMENT ACCOUNT BENEFICIARY COORDINATION

Your beneficiary designations on IRAs and 401(k)s override your Will entirely. If a form names an ex-spouse or a deceased relative, that is where the money goes. We review every account to ensure your retirement assets align with your true wishes.

4. SOCIAL SECURITY AND PENSION COORDINATION

Social Security survivor benefits and pension survivor options are separate from your estate plan, but they interact with it. We walk through how each benefit is structured and whether any coordination steps are needed so nothing is left on the table.

5. LEGACY GIFTING STRATEGIES

If you want to give to children, grandchildren, or a charity during your lifetime, we plan those gifts in a way that does not trigger Medicaid lookback concerns or reduce your estate in ways you did not intend.

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Flat Fees. Real Answers. No Surprises.

Why Texas Seniors Choose Robbins Estate Law

FLAT-FEE PRICING

Every senior estate plan is priced on a flat-fee basis. You know the cost before you sign anything. No hourly billing, no surprise invoices, no hidden fees. That is a promise, not a tagline.

TEXAS ESTATES CODE MASTERY

Kyle Robbins and the Robbins Estate Law team work exclusively in Texas estate planning and probate. That means deep, current knowledge of the Texas Estates Code, local county court procedures, and tools like the Lady Bird Deed and TODD that other general-practice attorneys may treat as an afterthought.

Many Sun City Georgetown residents come to us from California, Illinois, or other states with very different estate laws. If you moved to Texas with an out-of-state trust or estate documents, those documents may not work the way you expect here. We review them and tell you exactly what needs to change.

LIFETIME QUESTIONS ANSWERED

After your plan is in place, questions come up. A grandchild is born. You think about selling your home. Your health changes. You can call or email and get a real answer from our team — without a new hourly clock starting. That is what we mean when we say questions answered always.

If you are also thinking about how property tax tools fit into your overall plan, the Georgetown senior property tax deferral guide explains how the school district tax ceiling under Tex. Tax Code § 11.26 and the deferral option under § 33.06 interact with your homestead and estate planning decisions. Note that the § 11.26 school district tax ceiling caps school district taxes only. County and city taxes can still rise. And the § 33.06 deferral postpones taxes until your estate settles — it does not eliminate them. Interest accrues at 5% annually. Both tools work best when they are part of a coordinated plan, not used in isolation.

"When seniors come to us—whether they’re lifelong Texans or new Sun City residents from out of state—they want certainty, not hourly legal bills. That’s why we offer flat-fee pricing and a promise to always answer your questions without starting a clock. We specialize exclusively in Texas law, utilizing tools like Lady Bird Deeds and strategic property tax coordination to build bulletproof estate plans. My goal is to protect your legacy and give you total peace of mind, with absolutely no financial surprises."

Common Mistakes to Avoid

What Texas Seniors Get Wrong About Estate Planning

1. ASSUMING A WILL KEEPS THE HOUSE OUT OF PROBATE

A Will does not avoid probate. It is a set of instructions for the probate court. If your home is titled in your name alone and passes through your Will, your family will likely need to open a full probate case. In Williamson County, that means filing in the county court at law in Georgetown, working through the court calendar, and waiting. Why a standard Will may force your family into Williamson County Probate Court for a Sun City home walks through exactly how this plays out and what the timeline looks like.

2. TREATING BENEFICIARY FORMS AS A ONE-TIME TASK

Beneficiary designations on IRAs, 401(k)s, and life insurance policies are legal documents. They override your Will. Filling them out once at age 40 and never reviewing them is one of the most common — and most costly — planning mistakes we see. Review every account when your plan is drafted and after any major life change.

3. CONFUSING A LADY BIRD DEED WITH A TODD

Both tools pass your home outside of probate. But they are not interchangeable. A TODD under Texas Estates Code Ch. 114 must be signed by you personally. If you lose mental capacity before signing, a Power of Attorney cannot execute a TODD on your behalf. A Lady Bird Deed, a Texas common law instrument, can be signed by a valid Durable Power of Attorney holder. For seniors who want to plan ahead for health changes, this distinction is not a technicality. It is the difference between a plan that works and one that does not.

4. WAITING UNTIL A HEALTH CRISIS TO ACT

Durable Powers of Attorney — both financial (Texas Estates Code Ch. 751) and medical — only work if they are signed while you have legal mental capacity. Once a crisis hits, the option to sign may be gone. A court guardianship proceeding is the fallback, and it is slow, expensive, and public. Getting your Powers of Attorney in place now keeps you in control of who acts on your behalf — and keeps the courts out of it.

Already Have a Plan?

When Did You Last Review It? Texas Law Changes — and So Does Your Life.

Kyle Robbins Estate Planning Attorney for Seniors in Texas

Founder, Robbins Estate Law

Meet Kyle Robbins, Esq.

"Licensed throughout Texas. Thousands of probate cases handled. Thousands of Estate Planning clients"

Kyle Robbins is the founding attorney of Robbins Estate Law, headquartered in Cedar Park, Texas. He earned his J.D. from the University of Texas School of Law and is licensed with the State Bar of Texas (Bar #24105719). Kyle's practice focuses exclusively on Texas estate planning and probate — the Texas Estates Code, the Texas Trust Code, and the procedural requirements that vary county by county across the state are the work he does every day. He has helped Texas landowners structure estate plans that properly account for mineral interests, royalty income streams, split-estate title issues, and the partition risks that arise when undivided mineral interests pass to multiple heirs.

"A good estate plan for a senior is not about preparing for death. It is about staying in control of your home, your money, and your medical choices for as long as you are alive - and then making sure your family does not have to fight the courts to honor your wishes after you are gone."

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Common Questions (FAQ)

What is a Lady Bird Deed and how does it protect my home in Texas?

A Lady Bird Deed is an enhanced life estate deed under Texas common law. It lets you keep full ownership and control of your home while you are alive — including the right to sell or refinance. At death, the property transfers directly to your named heir without going through probate court. It is one of the most common home protection tools we use for Texas seniors, including homeowners in Williamson County.

What is the difference between a Lady Bird Deed and a Transfer on Death Deed in Texas?

Both tools pass your home outside of probate, but they work differently. A Transfer on Death Deed (TODD) is codified at Texas Estates Code Ch. 114 and must be signed by you personally with full mental capacity. A Power of Attorney cannot sign a TODD for you. A Lady Bird Deed, a Texas common law instrument, can be signed by a valid Durable Power of Attorney holder on your behalf. If your health may change, that distinction matters.

Does a Will keep my house out of probate court in Texas?

No. A Will is a set of instructions for the probate court, not a way around it. If your home is in your name alone and passes through your Will, your family must open a full probate case. In Williamson County, that means filing in the county court in Georgetown. The process typically takes several months. A Lady Bird Deed or TODD avoids that entirely.

Can Medicaid take my house after I die in Texas?

Texas runs the Medicaid Estate Recovery Program (MERP), which allows the state to seek reimbursement from your estate for long-term care costs paid by Medicaid. Assets that pass outside of probate — such as through a Lady Bird Deed — may not be subject to MERP claims. Proper planning before you ever need Medicaid is the most effective way to protect your home.

What is the 5-year Medicaid lookback and does it affect Texas seniors?

The federal Medicaid lookback rule (42 U.S.C. § 1396p(c)) reviews five years of financial transactions before you apply for long-term care Medicaid. Transfers below fair market value during that window — such as gifting your home to a child — can trigger a penalty period and delay your benefits. A home sold at full market value is not a penalized transfer. Early planning avoids these traps.

Do IRA beneficiary forms override my Will in Texas?

Yes. Beneficiary designations on IRAs, 401(k)s, and life insurance policies are legal contracts. They pass assets directly to whoever is named — regardless of what your Will says. If your beneficiary form is outdated or names the wrong person, your Will cannot correct it. We review and coordinate all beneficiary designations as part of every senior estate plan.

What does a Durable Power of Attorney do and why do Texas seniors need one?

A Durable Power of Attorney (authorized under Texas Estates Code Ch. 751) names someone you trust to handle financial decisions if you cannot. A Medical Power of Attorney covers healthcare decisions. Both documents only work if you sign them while you have legal mental capacity. Waiting until a health crisis may mean the option is gone and a court guardianship proceeding becomes necessary instead.

Does my heir inherit my homestead exemption when I pass my home through a Lady Bird Deed?

No. When a home passes through a Lady Bird Deed or Transfer on Death Deed, the heir does not automatically receive the homestead exemption. Under Tex. Tax Code § 11.43, they must apply with their county appraisal district within two years. In Williamson County, that means filing with the Williamson County Appraisal District. We flag this step for every family we work with.

Your Home and Your Independence Deserve a Real Plan.

A Lady Bird Deed, coordinated beneficiary forms, and a current Durable Power of Attorney are not complicated to put in place. They are just easy to put off. Our flat-fee plans come with no hidden fees and no billing surprises, and once your plan is done, you can ask questions for life.

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