Founding Attorney
When it comes to estate planning, clarity is everything. Having duplicate or conflicting documents, such as more than one will, multiple powers of attorney, or overlapping advance directives, can create confusion for your loved ones and the Texas courts. Instead of making your wishes more straightforward to follow, duplicates often slow down probate, fuel disputes, and sometimes even invalidate part of your plan. Let’s explore how to keep your estate plan streamlined, consistent, and up-to-date.
What Do We Mean by Duplicate Documents?
Duplicate documents don’t always mean you’ve literally printed the same will twice. More often, it refers to having multiple versions of estate planning documents without properly revoking older ones. Common examples include:
- Wills or trusts created at different times but never formally revoked.
- Overlapping powers of attorney that name different agents to make financial or medical decisions.
- Advance healthcare directives with conflicting instructions about treatment preferences.
- DIY or online forms that don’t line up with the documents prepared by your attorney.
For example, if you signed a new will that leaves your house to one child but forgot to revoke the earlier version that leaves the house to another, the conflict could result in a court battle.
Why Duplicate Estate Planning Documents Cause Problems in Texas
Texas courts are focused on carrying out your wishes, but conflicting paperwork makes that task difficult. Some of the most common problems duplicates cause include:
- Confusion in Probate: If two wills are discovered, the court must decide which one is valid. This often requires extra hearings and delays.
- Family Disputes: Beneficiaries may argue over which document reflects your “true” intentions, leading to strained relationships or costly litigation.
- Risk of Invalid Documents: Under the Texas Estates Code, documents must meet strict requirements to be valid. Older or conflicting papers may be thrown out altogether.
- Unintended Outcomes: Property may end up going to someone you no longer intended if outdated instructions are followed.
Instead of leaving a clear road map, duplicates can send your loved ones down conflicting paths.
How Texas Law Handles Conflicting Wills and Documents
Texas law offers some guidance, but it isn’t always straightforward. Generally, the most recent valid will revokes earlier ones—if it clearly says so. Without that revocation language, courts may need to compare the documents line by line to decide which should control.
With powers of attorney or advance directives, duplicates can be even trickier. If two people are named to make medical decisions at different times, healthcare providers may not know whose authority controls. The result can lead to confusion during a medical emergency, when clarity is most crucial.
In some cases, the court may need to step in, which increases stress, time, and expense for your family.
How to Prevent Duplicate or Conflicting Documents
Fortunately, there are practical steps you can take to ensure your estate plan is clear and consistent:
- Work with one attorney or firm for all estate planning needs, so documents are coordinated and not in conflict.
- Update, don’t duplicate: when you make changes, revoke outdated documents formally so there’s no confusion.
- Centralize storage: keep originals in a safe location, and let your executor or trustee know where to find them.
- Review regularly: update your plan after significant life events such as marriage, divorce, the birth of a child, or a move to another state.
- Avoid DIY conflicts: online templates may not comply with Texas law and can unintentionally override or contradict existing documents.
Taking these steps ensures your wishes will be carried out exactly as you intend.
El Paso Estate Planning Attorneys
Duplicate estate planning documents often cause more harm than good. By working with a qualified attorney and keeping your paperwork current, you can make sure your plan is clear, enforceable, and aligned with your wishes.
At the Law Office of Carey Thompson, PC, we assist Texans in El Paso in creating and maintaining estate plans that minimize confusion and protect their families. If you have old or overlapping documents, contact us today to ensure your plan is working exactly as intended.