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What happens if I die without a will?

Posted by Marcia Pevey 0n Jan 18, 2008    in Articles, Elder Care Law, Wills and Trusts, estate planning, family law, probate

People often put off thinking about or writing their will because they cannot bear thinking about their own mortality. However, the use of a will may well be one of the greatest gifts that you can give to your family and/or friends. If you write a will you will be choosing who gets your assets and can direct the ownership of your assets to the place where it will do the most good and/or alleviate a pressing need. A well prepared will also help to alleviate stress and family strife.

If you do not write a will, the State of Texas will write it for you as follows:

Single person without children:
All of your estate (including cash) and real property (land) will be divided equally between your parents. If your parents predecease you, then your estate will be divided equally between your brothers and sisters, with full shares going to full bloods and half shares going to half bloods.

Single person with children:
Your estate is divided equally between your children.

Married without children:
Your personal property will go to your surviving spouse. One half of your real property will go to your spouse and the other half of your real property will go to your parents or if they predecease you, to your brothers and sisters. If you do not have parents or brothers and sisters at the time of your death, you spouse will be given your entire estate, both personal property and real property.

Married with children.
One third of your personal property will go to your spouse and two thirds of your personal property will go to your children. Your spouse will get a life estate (a right to the use of the property during their lifetime without ownership rights) in one third of the real property. All ownership rights in the real property will be given to your children. However, your children will not be able to sell the one third of the real property in which your spouse has a life estate until after the death of your spouse.

If you do not like these “state written wills” and if you want to avoid the expense to your estate of having your heirs declared by the court system, you need to take the time to write the will that is customized to your estate and your family, and most importantly, your desires. In the long run, consulting with an attorney will be the safest and most cost effective plan for both you and your family.

Related posts:

  1. Am I responsible for my deceased parent’s or spouse’s debts?
  2. What is probate and how can I avoid it?
  3. Houston Wills, Trusts, and Estate Planning: Understand the Basics
  4. What is elder care law, and why is it important?
  5. If I agree to be my Relative’s Guardian, what have I agreed to do?

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