As another year draws to a close, many of us are busy with holiday planning, travel, and celebrating with loved ones — but it’s also a critical time to step back and give your estate plan a once-over. At our firm, we believe the end of the calendar year is the perfect moment for what some call an “estate checkup.” Updating your estate plan now can prevent surprises, preserve your intentions, and make sure your legacy — both tangible and digital — is protected for the future.

In this blog, we walk you through the key areas you should review before January 1st, 2026: beneficiary designations, powers of attorney, healthcare and HIPAA releases, digital asset access settings, and newly required or recommended forms. For many Texans, a few updates now can save family members time, money, and stress down the road.

Why a Year-End Estate Review Matters

Life doesn’t stay the same — relationships change, assets shift, digital lives expand, and applicable laws evolve. Experts recommend a periodic review: if you created your estate plan years ago, major changes in your life or law may render parts of that plan outdated or ineffective.

For Texans, recent tax developments, rising real estate values, and expanded digital asset recognition make 2025–2026 a particularly important time for review.

End-of-year planning isn’t just for the wealthy. Whether you own a modest home, an online business, retirement accounts, or just have changing family dynamics, a thoughtful check-in ensures your plan still reflects your wishes and protects what matters.

Review Beneficiary Designations — Often Overlooked, Always Important

One of the most common estate-planning oversights is letting beneficiary designations go stale. Whether it’s a life insurance policy, a retirement account, a payable-on-death bank account, or an investment portfolio, many of these pass outside your will — and in many cases, those designations override what’s in your will or trust.

At year-end, you should:

• Log in to all retirement accounts, life insurance policies, and any financial account with “beneficiary” or “POD/TOD” designation.
• Confirm that the primary and contingent beneficiaries are still the people you intend — especially if you’ve had life changes (marriage, divorce, births, deaths).
• Ensure that naming a minor child directly doesn’t create unintended complications — for example, consider whether that child should instead inherit through a trust.
• Check that the beneficiary designations coordinate properly with any existing will or trust. Conflicts between documents are a frequent source of disputes and delays.

Even if everything seems current, it’s wise to make this an annual or biennial habit. As one 2025 review guide notes, beneficiary designations are where many estate plans fail.

Update Powers of Attorney (POA) and Healthcare Directives

Your estate plan shouldn’t only plan for what happens after you pass — it should also protect you if you become incapacitated. That’s why reviewing Powers of Attorney (POA) and healthcare documents is essential during an end-of-year checkup.

Here’s what to consider:

• Confirm that your financial POA (Durable Power of Attorney) still names the person you want and that they remain willing and able to serve. Life circumstances change — maybe someone moved, changed jobs, or otherwise isn’t in the best position to act.
• Review the specific powers granted. If you’ve acquired new assets, started a business, or property, make sure the POA covers those powers (e.g., real estate or business dealings) if needed.
• Check your Medical Power of Attorney (or healthcare directive) and associated documents — if you named a healthcare agent, are they still the right person? Have your views on healthcare, life-sustaining treatment, or guardianship changed?
• Perhaps most critically, make sure you have a HIPAA authorization form. Without it, your loved ones could be blocked from receiving private medical information in a crisis — even if they’re otherwise empowered by a POA or healthcare directive.

In Texas, a comprehensive estate plan ideally includes not only a will or trust, but also a durable financial POA, a medical power of attorney or advance directive, and a HIPAA release.

Year-end is a natural checkpoint to revisit all these documents: people move, relationships evolve, health changes — and your designated agents should reflect your current life.

Confirm Digital Asset Access and Update Account Settings

For most people in 2025, a significant portion of life lives online — social media, email, cloud storage, digital photos, even cryptocurrencies. But without explicit instructions and authorizations, many of these digital assets may become inaccessible.

If you haven’t addressed this yet, year-end is a great time to do so. Recent estate-planning checklists for Texans emphasize reviewing digital asset holdings and ensuring your plan covers access and distribution.

When doing this, consider the following:

• Make a complete, up-to-date inventory of all digital accounts and assets — email accounts, cloud storage, social media, online financial accounts, cryptocurrency wallets, domain names, business-related accounts, and subscription services.
• Ensure your will or trust (or a separate digital-asset addendum) explicitly grants your trusted person or persons permission to access, manage, transfer, or, if you wish, delete digital assets. Merely having a traditional will may not be enough — many platforms require clear, specific authorization.
• Check each major online service for built-in legacy or “inactive account” settings. Some platforms allow you to designate a “legacy contact” or “account manager” — using those settings in addition to, not instead of, your will/trust instructions can make real-world access easier.
• Make sure login credentials, backup codes, or seed phrases (if applicable) are stored securely, and access instructions are clear. Many digital assets — especially cryptocurrencies — can become inaccessible without the right access information.

Given how central digital life has become, failing to address digital assets can leave a major gap in your estate — one that can be painful for loved ones to navigate.

New Required or Recommended Forms for 2026 — What’s Changing and What to Check

Each year brings not only life changes but also potential legal and regulatory shifts. That’s why some 2025–2026 year-end checklists emphasize verifying that all forms in your estate plan comply with current law.

For Texans, this can include:

• Confirming that any statutory forms required by state law — including durable or medical POAs or HIPAA authorization forms — reflect the latest legal templates. Texas law recognizes certain statutory durable POA forms, which can make financial or legal transactions smoother.
• Ensuring your advance healthcare directive or medical power of attorney (and HIPAA release) complies with current law and hospital, insurance, or care-facility requirements. Laws and institutional policies around medical privacy have evolved, and what was acceptable 5–10 years ago may now create compliance issues.
• Reviewing whether your trusts (revocable or irrevocable) remain appropriately funded and titled, and confirming that successor trustees or agents named remain willing and able to act. Failing to retitle assets or update trustees can undermine the benefits of a trust entirely.
• Considering whether your estate plan should incorporate digital-asset authorizations or newer estate planning tools that reflect evolving digital, financial, and tax realities. As digital assets become more common, estate plans drafted even a few years ago may lack necessary provisions.

Because these changes can involve legal complexity and differing state and federal requirements, partnering with experienced estate-planning counsel helps ensure your documents meet all formal requirements before the new year begins.

Other Considerations: Family Changes, Gifting, and Communication

Beyond legal documents, there are broader questions to ask when you give your estate plan an end-of-year review.

Family Structure & Fiduciary Roles

Families evolve — with births, deaths, marriages, divorces, adoptions, and estrangements. People you once trusted to act as executor, trustee, agent, or guardian may no longer be ideal choices. An updated estate checkup should include:

• Review who you’ve named as executor, trustee, healthcare agent, power-of-attorney agent, guardian, or backup for each role. Are they still the right person? Is there a contingency plan?
• Considering whether someone local or more accessible now makes sense — especially if beneficiaries or agents have moved or changed circumstances.

Inventory of All Assets (including Digital)

It’s easy to forget smaller or newer assets — business interests, online accounts, digital currencies, subscription-based services, investment accounts, or real estate in different states. A master inventory ensures nothing gets overlooked.

If you own a business — such as an online enterprise, rentals, or a company that could be transferred — now is a good time to review succession plans and coordination with your broader estate plan.

Gifting, Charitable Plans, and Tax Considerations

Year-end often spurs charitable giving and estate gifts. While Texas does not have a state-level estate tax, federal estate and gift tax laws can still apply. Experts recommend taking advantage of any favorable rules before year-end, especially when laws are set to change.

Year-end is also a natural time to review any charitable giving goals and ensure those intentions align with your estate plan.

Family Communication is Key

An estate plan isn’t really useful if your loved ones don’t know where to find documents, what their roles are, or what your intentions were. As part of a year-end review, take time to talk to relevant family members or heirs about your wishes, where documents are stored, and what they should do if something happens. Transparent communication reduces confusion, conflict, and legal disputes.

Why Now Is a Crucial Moment — Entering 2026 with a Clean Slate

With 2025 drawing to a close, many factors make this year an especially important moment for estate-plan reviews.

• Laws and regulations — especially around digital assets, asset titling, healthcare privacy (HIPAA), and estate/tax rules — continue to shift. Estate plans that haven’t been reviewed in several years may no longer reflect current law.
• Your life may have changed. Maybe you welcomed a child or grandchild. Maybe a beneficiary passed away. Maybe you acquired digital or business assets you didn’t previously own.
• Digital asset adoption is rising rapidly. From crypto wallets to online businesses, cloud storage to social media — ensuring digital access is part of a modern, complete estate plan.
• The holiday season tends to slow down daily life enough that people can actually sit down, gather documents, talk with family, and make thoughtful decisions.

A solid estate plan is not a “set it and forget it” document. It’s a living strategy that should grow and evolve with you. Performing a careful, honest checkup now ensures your legacy — and your loved ones — are protected.

How We Help You with Your End-of-Year Estate Checkup

At our firm, we prioritize clarity, communication, and peace of mind. As year-end approaches, we encourage clients to think beyond the basics: not just wills or trusts, but all the moving parts — beneficiary forms, POAs, healthcare documents, HIPAA releases, digital assets, and more.

We can help you create or update a comprehensive estate plan that reflects 2025’s realities, and guide you through thoughtful decisions about beneficiaries, fiduciaries, accounts, and digital-asset protections. If your life, assets, or intentions have changed — or if you haven’t reviewed your plan in years — now is a good time. Schedule a consultation, gather your documents, and let us help you step into 2026 with confidence that your plan reflects who you are, what you value, and what you want for those you love.

At Mike Massey Law, we understand the frustration people feel when estate planning becomes confusing, expensive, or designed to benefit the attorney more than the client. That’s why Mike built a firm focused on high-quality, personalized estate planning—often completed within just three business days—and why so many Texans turn to us when they need trusted estate planning attorneys in Austin they can rely on. If you’re reviewing your plan for the new year, exploring your options for Austin estate planning services, or wanting clearer guidance than online DIY templates can offer, we’re here to help. You can learn more about our estate planning and personal injury approach by visiting our main website, explore valuable guides and our 18-wheeler resources in our book library, and take the next step toward securing your future by calling us now. For many families, starting with a simple review or scheduling a consultation at our website is the easiest way to protect what matters most.