Estate planning is surrounded by long‑standing misconceptions that often lead Texas families to make decisions that don’t support their goals. At the Law Office of Janelle Cremé, a Prosper estate planning attorney serving clients across the DFW metroplex, I frequently see confusion surrounding trusts, powers of attorney, and how to structure a will or trust in Texas. Here’s a clear, practical look at several common myths and the truth behind them.

Myth: Setting up a trust instantly shields your assets

Many people assume that creating a revocable living trust automatically protects their assets or helps them avoid probate in Texas. In reality, a trust only works when it is properly funded. This means legally transferring ownership of your real estate, financial accounts, and other assets into the trust. Without this crucial step, your trust provides no probate‑avoidance, no privacy benefits, and no management protections.

For families in Prosper, Plano, McKinney, Frisco, Celina, and beyond, proper trust funding ensures your trust functions as your trust attorney intended and that your loved ones experience a smoother, more organized transition.

Myth: Estate planning only matters after you’re gone

A comprehensive estate plan isn’t just about distributing your assets—it also protects you during your lifetime. Key documents such as a medical power of attorney, financial power of attorney, living will/advance directive, and HIPAA authorization ensure that your wishes are honored if you become unable to make decisions.

At the Law Office of Janelle Cremé, I regularly help young families, blended families, seniors, and business owners put these protections in place. These documents minimize confusion, reduce stress for loved ones, and give clear legal authority to the people you trust most.

Myth: Leaving someone $1 is the best way to disinherit them

The idea that you should leave someone $1 so they “can’t claim you forgot them” is an outdated and often harmful strategy. In Texas, naming a person in your will—no matter how small the gift—may give them standing to challenge your will or interfere with the probate process.

An experienced wills attorney will instead use clear disinheritance language in your will or trust. This modern approach offers more privacy, fewer complications, and stronger legal protection for your true wishes.

The importance of a thoughtful and updated estate plan

Estate planning is not a one‑time task. If you own real estate, rental property, an LLC, or out‑of‑state property (including Florida), your plan may require intentional structuring to avoid probate and support long‑term goals. Life changes—marriage, children, blended families, new property, or business growth—also make regular updates essential.

A strong estate plan includes properly coordinated beneficiary designations, updated powers of attorney, a funded trust when appropriate, and a will that reflects your current intentions. For many Texas families, strategies like a transfer on death deed or Lady Bird deed may help avoid probate more efficiently.

By understanding the truth behind these estate planning myths, you empower yourself to create a clear, effective estate plan that protects your loved ones and safeguards your legacy. Working with the Law Office of Janelle Cremé, a Prosper estate planning lawyer serving Collin County, Denton County, and the greater Dallas‑Fort Worth area, ensures your documents are tailored to Texas law and reflect what truly matters to you—today and in the future.