Rooted in Denison. Built for Clients with Real Assets at Stake.
Law Office of Brett L. Evans is a Denison-based practice handling wills, trusts, and comprehensive estate planning for individuals, families, and business owners throughout Grayson County and North Texas. Attorney Brett L. Evans holds a degree in business administration earned before law school and served as in-house counsel for a commercial real estate developer before returning to Denison to practice. That background gives the firm a practical command of financial and business matters that translates directly into estate planning for clients who own a business, hold commercial property, or carry a complex asset structure. Law Office of Brett L. Evans is based in Denison and has longstanding roots in the community.
Attorney Evans continues the legal work begun by his father, W. Lawrence “Larry” Evans, who practiced in the same Denison office for over 30 years. That continuity is more than a family story. It reflects a sustained commitment to the community that shapes how the firm approaches every estate plan, with a focus on what matters to this client, in this family, with these assets.
Plan your estate with Law Office of Brett L. Evans. Contact us online or call (903) 201-1934 for a consultation.
What Happens Without a Will in Texas
When a person dies without a will, Texas intestacy law takes over. The state follows a fixed succession hierarchy, beginning with spouses and legally recognized children, then extending to parents, siblings, and progressively distant relatives. It applies uniformly across millions of Texans and can’t account for the individual dynamics of any particular family.
The gaps in that hierarchy are significant. Stepchildren who weren’t legally adopted have no place in the intestacy succession, regardless of how close the relationship was. Foster children are excluded entirely. Grandchildren enter the succession only if their parent, the deceased’s child, has already died. Close friends, long-term partners who were never married, and informal caregivers have no standing at all under Texas intestacy law.
What a Will Does & What It Cannot Do
A will allows a person to name any beneficiary regardless of family status, specify how assets are distributed, and designate an executor to manage the estate through probate. It is the legally binding record of the testator’s intent, and when a valid will is on file, the Texas probate process runs more predictably than intestate proceedings where intent must be inferred.
A will doesn’t avoid probate. Keeping assets out of probate court requires a trust, which operates outside the probate system entirely. For clients with business interests, real property, or a blended family situation, the estate plan typically coordinates both a will and one or more trust structures to address ownership, succession, and beneficiary designations across every asset class.
Do Stepchildren Have Inheritance Rights in Texas?
Under Texas law, stepchildren don’t have automatic inheritance rights. Only children who are legally adopted by a stepparent share the same inheritance rights as biological children. A stepparent who wants to provide for an unadopted stepchild must include them as a named beneficiary in a will or trust.
The Denison estate planning attorneys at Law Office of Brett L. Evans can help stepparents include their stepchildren in the estate plan and address the legal steps involved in naming those beneficiaries.
When a client sits down with Attorney Evans, the first step is identifying the full scope of assets and assigning a beneficiary to each. People often have more assets than they initially recognize: cash accounts, real property, business interests, vehicles, personal property, and more all require a designation. If a client has specific wishes for funeral or burial arrangements, those can be documented in the estate plan as well.
For clients with minor children, guardianship designation is one of the most consequential decisions in the entire process. Without a designated guardian named in a valid will, a Texas court makes its own determination about who raises surviving children, which may not reflect the parents’ wishes. The state may appoint a relative the parents wouldn’t have chosen, or the children may enter the foster care system.
Drafting a will also means choosing an executor: the person legally responsible for moving assets through probate to the appropriate beneficiaries. The right choice depends on the complexity of the estate and the executor’s capacity to manage that process.
The wills and trusts attorney at Law Office of Brett L. Evans has over 20 years of experience handling these matters and draws on that experience to help clients understand what each document requires and why it matters. Call (903) 201-1934 or contact the firm online to set up a consultation.
Durable Power of Attorney & Advance Medical Directives
Durable power of attorney and advance medical directives are essential components of a complete estate plan. Both documents address what happens if a client becomes mentally or physically incapacitated and can’t make decisions independently.
A durable power of attorney for finances can be structured to take effect immediately upon signing, or as a document that becomes effective once a physician certifies in writing that the principal can’t manage their own financial affairs. Once effective, it authorizes the designated agent to manage accounts, pay obligations, and handle financial affairs on the principal’s behalf. A separate healthcare power of attorney designates someone to make medical decisions when the principal cannot. These roles can be assigned to the same person or to two different individuals, depending on the client’s circumstances and trust relationships.
An advance medical directive goes further by addressing specific end-of-life scenarios in advance. Under Texas law, it is generally binding on medical staff for the conditions it names, though a physician who declines to follow the directive must make a reasonable effort to transfer care to a provider willing to comply. Outside those conditions, decision-making authority returns to the healthcare power of attorney. The practical distinction matters: the advance directive speaks for itself on defined situations, while the power of attorney handles everything else.
When financial and healthcare authority rests with two separate individuals, those agents must be prepared to coordinate. A straightforward example is an assisted living decision: the healthcare power of attorney may authorize the placement, but payment authority rests with the financial agent. Attorney Evans can help clients think through these scenarios when drafting each document.
Law Office of Brett L. Evans handles the full range of estate planning services from its Denison practice. Whether a client needs a straightforward last will and testament or a coordinated plan involving multiple trust structures, the firm can draft and advise on each document in context with the others. Attorney Evans’s business administration background is directly applicable to clients navigating estate plans that involve a business entity, commercial property, or a complex ownership structure.
The firm’s wills and trusts practice includes:
Will Drafting: Establishing legally binding asset distribution, executor designation, and guardianship provisions for minor children
Trusts: Structuring assets to avoid probate and provide greater control over distribution timing and conditions
Revocable Trusts: Flexible trust arrangements the grantor can modify or revoke during their lifetime
Irrevocable Trusts: Permanent trust structures used for asset protection and certain tax planning purposes
Special Needs Trusts: Providing for a beneficiary with a disability without disqualifying them from public benefits
Will Amendments: Updating existing estate documents to reflect new children, acquired property, business changes, or remarriage
A coordinated set of estate planning documents provides more comprehensive protection than any single document alone. Clients whose circumstances change over time, whether through a new child, a business acquisition, or a shift in family structure, benefit from working with a Denison wills and trusts attorney who can update the full plan as life evolves.
Schedule a Consultation with Law Office of Brett L. Evans
Denison and Grayson County residents can schedule a consultation to discuss a new estate plan, update existing documents, or get answers to questions about how Texas law applies to their situation. Law Office of Brett L. Evans serves individuals, families, and business owners throughout North Texas with practical, locally grounded legal counsel.
Contact Law Office of Brett L. Evans online or call (903) 201-1934 to schedule a consultation with a Denison wills and trusts attorney.
Our Reviews
“Brett was very knowledgeable and helpful.”
Brett was very knowledgeable and helpful. He assisted us in our Estate Planning and he made sure we were able to complete all the necessary documents our family needs.
P.D.
“We appreciated them making the process painless.”
We had new wills made, and Mr. Evans and his team made the process so easy. They were very thorough. He went over every page with us and answered all our questions. He is very knowledgeable and helpful. We appreciated them making the process painless.
L.C.
“We had a great experience, and I highly recommend them for your legal needs!”
My wife and I enlisted Brett L. Evans's help for estate and will planning. The entire staff was friendly, helpful, and responsive. They have proven to be a one-stop-shop for everything from the will to powers of attorney. The cost was also very reasonable, especially considering the great service. Much of the process was done remotely, saving us time and money. We had a great experience, and I highly recommend them for your legal needs!
A.S.
“He made the experience quick and painless.”
We came to Mr. Evans for help with filing for an LLC. He made the experience quick and painless. He had all the paperwork back from the state within 2 business days! Great experience and will use this law office for all future needs.
