Texas Estate Planning: Why DIY Documents Can Cost Families Dearly

In a recent episode of the Rock Solid: Round Rock Business Leaders Podcast, host Bryan Eisenberg sat down with veteran Texas attorney Jeff Barnett of Barnett & Leuty to discuss the pitfalls of do-it-yourself estate planning. The episode, titled "Jeff Barnett | Estate Planning Mistakes That Can Cost Your Family," was published on August 18, 2026, and sheds light on a topic many families avoid until it's too late.

Barnett, who has over three decades of legal experience, bluntly compared DIY estate planning to "garage-based root canals," noting that even highly intelligent professionals like doctors, engineers, architects, and CPAs often miss critical nuances in Texas law. "They'll leave out a word, and that word makes a huge difference in what probate looks like," he said. This warning comes as more individuals turn to internet templates or AI-generated documents, which can be fraught with errors and fail to meet state-specific requirements.

The conversation highlighted five essential documents every adult should have: a will, medical power of attorney, durable power of attorney, directive to physicians, and agent for disposition of remains. Barnett stressed the importance of these documents, especially for parents of college-bound 18-year-olds, who should execute medical and durable powers of attorney before their children leave home. This proactive step ensures that parents can make medical and financial decisions if their child becomes incapacitated.

Barnett also addressed the complexities of Texas probate compared to states like California, Massachusetts, and New York, and discussed when tools like Lady Bird deeds or Medicaid asset protection trusts are appropriate. He emphasized that blended families and prior marriages can complicate intestate succession, making a well-drafted estate plan essential.

The episode also touched on the importance of starting conversations about estate planning early. Barnett urged adult children to ask their parents key questions: Do you have a will? Who drafted it? When was it last updated? Where is it stored? He warned that waiting is the worst move, as an early dementia diagnosis does not automatically disqualify someone from executing documents, but delaying can lead to lost capacity and lost opportunity.

The discussion also reflected on Round Rock's growth, including the new art center, Music on Main, and the region's status as a hub for senior communities, alongside Georgetown's Sun City. This context underscores the relevance of estate planning for the area's aging population.

For those seeking guidance, Barnett & Leuty offers free consultations, ensuring that clients can get professional advice without upfront costs. The episode serves as a reminder that estate planning is not a DIY project; it requires the expertise of a qualified attorney to avoid costly mistakes that can burden families during difficult times.