Why plan now.
Estate planning isn't just for the wealthy. It's how you decide who raises your children, who can make medical and financial decisions if you can't, and who receives what you've built — instead of leaving those decisions to a court and to default rules written by the state legislature.
Texas and New Mexico are both community property states, and each has its own rules for who inherits when there's no will. Those default rules often don't match what families expect — especially in blended families — and they can force loved ones through a longer, more expensive court process at the hardest possible time.
A will, a durable power of attorney, and health-care directives cover the essentials: who inherits and who cares for your children, who handles your finances if you're incapacitated, and who makes medical decisions — and what you want them to decide.
What we prepare.
Wills
Decide who inherits, name an executor, and choose a guardian for your children.
Trusts
Revocable living trusts and other trusts to avoid probate, manage assets, and protect family members.
Powers of Attorney & Directives
Financial and medical powers of attorney and living wills, so someone you trust can act for you.
Probate & Estate Administration
Guidance for families after a death: probating a will, small estates, and settling the estate.
Transfer-on-Death Deeds
Pass your home to the people you choose without probate, in Texas or New Mexico.
Special Needs & Settlement Trusts
Protect an injury settlement or inheritance without losing SSI or Medicaid.
Flat-fee pricing.
No hourly billing for the essentials. Here's what each document costs, per person:
Texas
New Mexico
Part 1 of the NM Advance Health-Care Directive$150
Part 2 of the NM Advance Health-Care Directive$100
Flat fees are per person and cover preparation of each document. The first hour of an estate planning consultation is free; if a consultation runs longer than one hour and you don't purchase an estate planning package, additional time is $300 per hour, prorated to the nearest quarter hour. Court filing and county recording fees, if any, are separate. Prices effective through December 31, 2027.
Who handles your plan.
Texas
Texas estate planning is handled by Jeff Barnett, Of Counsel (Texas Practice), whose Austin practice at Barnett & Leuty, PC has emphasized wills, trusts, and estate planning for decades. Texas estate planning →
New Mexico
New Mexico estate planning is handled by Shawn Barnett, Managing Attorney, licensed in New Mexico, from our principal office in Albuquerque. New Mexico estate planning →
Whichever state you're in, our fluent bilingual staff can walk you through each document in Spanish, from your first call through signing.
Texas vs. New Mexico: rules that differ.
Many families have ties to both states. These differences matter when you plan — and they're a common reason do-it-yourself documents fail:
| Texas | New Mexico | |
|---|---|---|
| Handwritten will | Valid without witnesses if written entirely in your own handwriting (Tex. Est. Code § 251.052) | Not valid if made in New Mexico without two witnesses (NMSA § 45-2-502) |
| Witnessed will | Signed by you and two witnesses age 14 or older | Signed by you and two witnesses, who sign in your presence and each other's |
| Health-care directives | Two documents: a Medical Power of Attorney and a Directive to Physicians | One combined Advance Health-Care Directive (Part 1 names your agent; Part 2 gives instructions) |
| Small estates | Affidavit up to $75,000, excluding homestead and exempt property — only when there's no will, and a judge must approve it | Affidavit up to $50,000 for personal property (not real estate), available 30 days after death |
| State estate or inheritance tax | None | None |
The federal estate tax applies only to estates above $15 million per person in 2026 ($30 million for a married couple) — a level Congress made permanent in 2025, indexed for inflation from 2027. For most families, good planning is about control and protecting the people you love, not taxes.
When an injury case becomes an estate matter.
Because The Longhorn Law Firm is also a personal injury firm, we see what happens when estate law and injury law collide: a settlement that would cost someone their SSI or Medicaid, a wrongful death claim that can't be filed until a personal representative is appointed, a child's settlement that must be protected until adulthood. We plan for those situations from both sides. Where injury law meets estate law →
Common questions.
How much does a will cost?+
Is the consultation free?+
Do I need a will if I don't own much?+
Do I need a will or a trust?+
Will my estate owe estate tax?+
I own property in both Texas and New Mexico. Can you help?+
Can you help me in Spanish?+
Texas estate planning services are provided by Jeff Barnett, Of Counsel (Texas Practice), of Barnett & Leuty, PC, Austin, Texas, licensed in Texas. New Mexico estate planning services are provided by Shawn Barnett, Managing Attorney, licensed in New Mexico. This page provides general information, not legal advice; reading it does not create an attorney-client relationship.