Estate Planning Tips for Snowbirds and Part-Time Texans
If you spend part of the year in Texas and part of the year somewhere else, like Arizona, Florida, or New Mexico, you’re not alone. Many retirees, remote workers, and part-time Texans enjoy the freedom of living in more than one state.
While the snowbird lifestyle offers flexibility and sunshine, it can also complicate your estate plan.
At Holman Law, we regularly work with clients who split their time between Texas and another state. If that’s your situation, here are a few estate planning tips to help you stay organized, protect your assets, and avoid legal headaches down the road.
1. Decide Which State Is Your Legal Residence
Even if you live in two places, you can only have one legal domicile. This is the state you consider your permanent home for legal and tax purposes. This matters because
- Your state of residence controls your probate process when you pass away
- It may affect your income and estate taxes, especially in states that tax retirement income
- Your legal documents such as wills and powers of attorney will usually follow your home state’s laws
Texas does not have a state income tax, so many people choose to establish residency here even if they spend time elsewhere.
To establish Texas as your legal domicile, make sure your driver’s license, voter registration, and mailing address reflect your Texas home. You should also spend more than half the year here if possible and declare Texas as your residence in important legal documents.
2. Make Sure Your Estate Plan Works Across State Lines
Estate laws vary from state to state. A will or trust created elsewhere may not be fully recognized in Texas, especially when it comes to
- Signing requirements
- Powers of attorney
- Advance medical directives
If you created your estate plan outside of Texas or several years ago, it’s a good idea to have it reviewed by a Texas-based attorney to ensure it’s valid and enforceable here.
3. Plan for Property in Multiple States
If you own homes, land, or other real estate in more than one state, your family could be faced with probate in each of those states. This process, known as ancillary probate, can be both costly and time-consuming.
To avoid this, consider
- Placing out-of-state property into a revocable living trust
- Titling property in a way that allows it to pass automatically to a co-owner when appropriate
- Creating a coordinated estate plan that addresses each property under one comprehensive strategy
- A Revocable Trust can be an excellent solution for individuals with property in multiple states
4. Coordinate Your Health Care Documents
Medical laws vary between states. If you become incapacitated in your non-Texas home, local doctors may not recognize a power of attorney or living will drafted in Texas, especially if it doesn’t follow their state’s format.
To be safe, some clients choose to create duplicate advance directives for each state they live in. A lawyer can help ensure these documents do not conflict with each other.
5. Keep Everything Up to Date
If your life involves multiple addresses, it’s easy to overlook small but important changes like updating your will after buying property or naming new agents on your power of attorney if someone moves or passes away.
Make sure you revisit your estate plan
- When you buy or sell property in either state
- If you change your primary residence
- Every three to five years to make sure everything still reflects your wishes
Enjoy the Snowbird Life Without Leaving Loose Ends Behind
Living part-time in Texas and part-time elsewhere can be incredibly rewarding, but it does require a little extra estate planning. With the right documents and some thoughtful coordination, you can make sure your legacy is protected no matter where you are.
At Holman Law, we help Texans and part-time Texans create estate plans that are clear, complete, and ready for whatever the future holds. If you split your time between Texas and another state, we’re here to help you make sure everything is in order.
Contact us today to schedule a consultation. We’ll review your current plan, answer your questions, and help you create a strategy that works across state lines so you can enjoy peace of mind wherever you call home.
