If you consider all the critical decisions you must make daily, thinking about the end of life is hardly at the top of the list. The state has specific laws that determine how your estate will be divided, and Fryer and Hansen – estate planning McAllen lawyers are here to provide insightful information about the intestate process and how it could impact your family. With that said, planning for it is essential to ensure your loved ones are protected even after you’re no longer here. Part of this planning process is putting together a will, which denotes how you want your property and assets distributed after you pass away. But what happens if you die without a will, or intestate, in Texas?
Texas Intestate Succession Laws
According to Texas law, if you die without a will, the state’s intestate succession laws will distribute your assets to your closest relatives. However, it’s important to remember that this process is not always as straightforward as you may assume. The way your estate is divided depends on factors like whether you were married, had children, or owned property jointly with someone else.
Married With Children
While Texas law states your assets are to be divided between your spouse and children, it isn’t as simple as giving them to your spouse and letting them distribute them among your children. Usually, your spouse will inherit only a portion of your estate, while your children will receive the rest.
For instance, if you own community property acquired during your marriage, your spouse will keep their half, and your share will go to your children. If you have separate property acquired before marriage or through inheritance, your spouse will inherit one-third of your personal property and the right to use one-third of your real property for the rest of their life. The remainder will go to your children.
Married Without Children
If you’re married but have no children, your spouse may still not inherit everything, depending on the property type. Your spouse will inherit all of your community property, but your separate property will be divided between your spouse and other close relatives, such as your parents or siblings. This can lead to complications if you intend for your spouse to inherit your entire estate.
Children but Unmarried
If you have children but aren’t married, your children will inherit everything. Texas law treats biological and legally adopted children equally in terms of inheritance. However, stepchildren are not automatically entitled to inherit anything unless you legally adopt them.
Single and Childless
If you die single without children, your estate will pass to your closest living relatives. If your parents are alive, they will inherit your estate. If not, your estate will go to your siblings. If you have no surviving siblings, your estate will be divided among more distant relatives like aunts, uncles, or cousins. If no relatives can be found, your estate will eventually go to the state of Texas.
Your Will Should Be a Priority with Our Estate Planning McAllen Lawyers
Dying without a will can create unnecessary complications for your loved ones. After all, the intestate process may not reflect your wishes and could lead to disputes among family members. But having a will can speed up the probate process, reduce potential legal costs, and provide clarity to your loved ones during a difficult time. A well-crafted estate plan that includes a will, power of attorney, and healthcare directives is one of the most important gifts you can give your family.
At Fryer and Hansen – Estate Planning McAllen attorneys, we specialize in helping Texans create customized estate plans that reflect their unique needs and desires. Don’t let the state decide how your assets are distributed—take control of your future by drafting a will today. Contact our estate planning McAllen lawyers to schedule a consultation and ensure your loved ones are protected no matter what happens.