Texas Intestacy Situations 4 Common Situations

By | October 31, 2019

If you die in Texas without leaving a valid last will and testimony, all your property goes to owners that are pre-determined under Texas law. These laws, called intestate succession laws, offer your property to those associated to you. The only method to alter these laws from using to your estate is by developing a legitimate will and making your choices yourself.

Scenario 1: You pass away without a spouse or children. In this situation, your parents acquire your estate. If just one parent survives your death, half goes to the surviving parent and the other half is divided between your brother or sisters. If there are no moms and dads, your brother or sisters split your entire estate. If no parents or no siblings, your estate goes to your grandparents or their descendants, whoever is the closest relation to you.
Situation 2: You pass away leaving an enduring partner however no kids. Your surviving spouse is entitled to get all of your personal property. If you don’t have any enduring parents, siblings or descendants of your siblings, your partner likewise receives all of your real estate. Nevertheless, if you have enduring moms and dads, your moms and dads receive half your realty and your partner the other half. If your moms and dads are dead however you have making it through siblings or descendants of siblings, the brother or sisters take half the genuine estate and your surviving partner the other half. Divorced spouses do not take any property.

Situation 3: You pass away leaving behind a making it through spouse and several kids. The method your estate is divided will depend on if your kids are all from your existing marriage or if you have kids from a previous marital relationship and likewise whether you got the property during your marital relationship or whether it was offered to you as a gift or as part of an inheritance. Ultimately, depending on the characteristics in your family, your spouse and your children might not be prepared for or anticipating the distribution they receive at your death as an outcome of the laws of intestacy.
Think about what you wish to occur to your property when you die. Do you desire to be sure that your partner or better half is attended to? Do you want your children to receive something right away? Exist particular treasures or traditions you wish to continue to stick with your family or family? These are all factors to consider that can be attended to in a Will or other testamentary file such as a revocable living trust.