Estate Planning 101: What Every Houston Family Needs to Know About Wills, Probate, and Protecting Your Assets

Attorney Kamisha Mickey Breaks Down the Essentials on the Hello Houston Podcast

“So many people think estate planning is for rich people or older people. Not them.”

Houston attorney Kamisha Mickey hears this all the time. And every time, she pushes back with the same message: everyone needs a will, regardless of their bank account balance.

When Mickey joined the Hello Houston podcast to discuss estate planning, she addressed some of the biggest misconceptions families have about wills and answered real questions from Houston families navigating one of life’s most uncomfortable topics.

Here’s what she wants Houston families to understand.

Why Everyone Needs a Will, Even If You Don’t Think You Do

“Everybody should have a will,” Mickey says plainly.

Many people assume that estate planning only applies if you have significant wealth. But a will is not just about money. It is about making sure your wishes are honored and your family is not left guessing during a difficult time.

Mickey says many of the estate disputes she sees are not about massive fortunes. They are about ordinary families who assumed everything would just work itself out.

She has seen siblings stop speaking over household items and families spend more in legal fees fighting over an estate than the estate itself was worth.

“Sometimes you have assets you’ve potentially forgotten about,” Mickey explains. “Your personal property needs to go somewhere. Who’s going to get that? And if you inherit something later, where will that go?”

A will allows you to clearly state who should receive your property, who should manage your estate, who should care for minor children, and how your belongings should be distributed.

Without those instructions, someone else will make those decisions for you. And that someone else is the state of Texas.

What Happens If You Die Without a Will in Texas

When someone dies without a will, they are considered to have died intestate.

“If you don’t tell people what to do with your assets, the state of Texas will decide what to do with your assets,” Mickey explains. “Texas Estates Code outlines succession: who should get what if you leave behind children, a spouse, siblings, or parents.”

The situation becomes especially complicated in blended families.

“If you have children with your current spouse, and children from a previous relationship, and you’ve left no will and your heirs don’t get along, that’s a whole other can of worms,” Mickey says. “Your estate could be tied up in probate for years.”

In blended families, the law does not always follow what people assume is fair. A surviving spouse may believe the house automatically belongs to them, while children from a previous relationship believe they should inherit it. Without a will clearly outlining those intentions, those disagreements often end up in probate court.

In other words, the absence of a will can turn an already emotional situation into a legal and financial headache for the people you care about most.

Can You Really Write a Will on a Napkin?

Surprisingly, the answer in Texas is yes.

“You can write your will on a yellow legal pad, an envelope, or even a napkin,” Mickey explains. “It’s called a holographic will.”

But there is a catch.

“The issue that can come up when you write your own will is if someone wants to contest it,” she says. “Then we have to prove it’s actually your handwriting.”

While DIY wills are technically legal, Mickey says working with an attorney can help avoid unintended problems.

“There are different ways you can distribute assets that may be better than others,” she explains. “A lawyer can help you think through those options.”

Do Wills Have to Be Notarized?

Another common myth is that a will must be notarized to be valid. Technically, Texas law does not require notarization. However, Mickey strongly recommends it.

“It’s not necessary, but it is suggested,” she says.

Without notarization, someone could challenge the will’s validity. “Anyone could say, ‘Well, this doesn’t look like Mom’s signature. She didn’t do this. She was out of it when she did this,’” Mickey explains.

With notarization, the burden shifts. The notary attests that they watched the required witnesses sign and watched the person whose will it is sign as well.

“So it’s a little harder to contest,” she says.

A Will Is Only One Part of an Estate Plan

A will is important, but it is not the only document families should consider. Mickey recommends at least three core estate planning documents:

1. Last Will and Testament. Controls the distribution of assets after death.

2. Medical Power of Attorney. “If I am incapacitated, this person should make decisions for me,” Mickey explains. This document designates someone to make healthcare decisions on your behalf.

3. Durable Power of Attorney. Covers financial decisions and property matters when you are unable to manage them yourself.

4. 
   

For each of these documents, Mickey recommends naming multiple backup decision-makers.

“You are allowed to put your first choice, second, third, fourth,” she says. “I normally do about three or four just in case.”

She also addressed living wills, which she describes as medical directives. These specify whether you want to be kept alive by artificial means if you become permanently incapacitated. “It’s a decision you make, and the person you name in your medical power of attorney would have to follow those instructions.”

Hospitals take this seriously. “If you have to go in for an operation, they’re going to ask you if you have that,” Mickey says. “If you don’t, you’re going to have to go through some red tape.”

Community Property: What Texas Families Should Know

Texas is a community property state, which means assets acquired during marriage typically belong equally to both spouses. This includes money, real estate, and most other property accumulated during the marriage.

But separate property, such as inherited assets, is handled differently. “If your grandparents left you something in their will, that’s your separate property, even while married,” Mickey explains.

And here is a hard truth many families do not realize:

“No one has to leave you anything,” Mickey says. “Parents do not have to will their children anything in the state of Texas.”

In general, spouses have rights to community property acquired during marriage. But personal property or separate property? “They can give it to whoever they want.”

The Executor’s Responsibility

A listener asked what happens when a family member is named executor but is estranged from their siblings. Mickey’s answer was clear.

“If you are an executor, that means there is a will in existence and you’ve been named the person to take care of distributing the assets from the estate,” she explains. “You’ll have to distribute things according to what it says in the will.”

How binding is this duty? Completely.

“Whether you hate their guts or never want to speak to them again, you have to ensure that person gets those things.”

If an executor refuses, the other heirs can approach the court and ask it to enforce the will. And if nobody can find the will? “It’s almost like you died intestate,” Mickey says. “And then the state of Texas is going to tell you how to distribute your assets.”

Mickey recommends leaving a copy of your will with your attorney, a trusted friend, or a family member. Just be careful not to leave too many copies. “When you make changes, if you forget to tell someone, that can create problems.”

Can You Change Your Will? (And Can You Cut People Out?)

A podcast listener posed an interesting scenario: what if you make a will today, then go to a different attorney and make a new one without telling your spouse?

“This kind of thing happens,” Mickey acknowledged. She noted that people sometimes create new wills to include individuals their family does not know about.

The new will takes precedence if it includes standard language acknowledging it “takes the place of any previous will that I created.”

How do you prevent this from happening if you are the spouse? Mickey’s answer was blunt: “You cannot. That’s why you need a good lawyer.”

What About Debt?

A caller asked whether a surviving spouse inherits business debt. Mickey’s answer provided relief.

“For a business, no one person would inherit the debt. The business inherits the debt, which means they will take whatever assets the business has, sell whatever needs to be sold to pay whatever can be paid after that. But no, the wife or the children will not inherit the debt.”

However, she warned about secured debt. “If your house was used as collateral for any type of debt, they have every right to take the home for whatever they’re owed.”

The good news? “Surviving spouses have a life estate. They try not to take homesteads in most debt issues.”

What Does Estate Planning Cost?

When asked about the cost of professional estate planning, Mickey provided a range: “You could find anywhere from as low as $500 for some online services up to a few thousand dollars.”

The determining factor is complexity. “If we’re not having to make a lot of preparation and plans for assets, like how we’re going to transfer property when you die, then it’s relatively simple,” she explains. “The simpler the situation, the lower the cost.”

But as Mickey pointed out throughout the interview, the cost of not having a plan can be much higher. Probate disputes, legal battles between family members, and confusion about asset distribution can create financial strain and emotional stress for the people left behind.

There Is No “Reading of the Will”

Before wrapping up the interview, Mickey addressed one final misconception that Hollywood loves to perpetuate.

“The big misconception in life is the reading of the will,” she says. “This is not Agatha Christie. There’s no big reading of the will.”

Her advice? “Tell people what your plan is before you die so that there won’t be as much fighting. People already know.”

Why It Is Worth Doing

Podcast host Frank Billingsley shared his own experience during the conversation.

“When I finally did my will, it was in the year 2000, so I was 40 before I ever got to it because it’s like, well, I’m not going to die,” he said.

But after he did it? “I felt so cathartic. Like, if something does happen, the people I love are taken care of.”

That peace of mind is exactly why Mickey says you should not wait.

Estate planning is not just about wealth. It is about clarity.

A simple will can prevent years of conflict, confusion, and legal expense for the people left behind. It also ensures that decisions about children, property, and medical care are made according to your wishes rather than state law.

As Mickey puts it: “You don’t know if there are contesters until there are contesters. So better safe than sorry.”

For many families, the hardest part of estate planning is simply starting the conversation. But once it's done, it can bring a level of clarity and peace of mind that's hard to put a price on."

About Kamisha Mickey

Kamisha Mickey is the founder of Mickey Law Group in Houston, Texas, providing strategic legal counsel to entrepreneurs, business owners, and individuals nationwide. Her practice areas include business law, intellectual property, NIL representation for student-athletes, and estate planning.

To learn more or schedule a consultation, visit mickeylawgroup.com or call (713) 360-7719.

This article is based on Kamisha Mickey’s appearance on the Hello Houston podcast. Quotes have been edited for clarity and length. This content is for informational purposes only and does not constitute legal advice.