Contact us now
(805) 485-0002

Texas Intestacy Circumstances 4 Common Scenarios

If you pass away in Texas without leaving behind a legitimate last will and testament, all your property goes to owners that are pre-determined under Texas law. These laws, called intestate succession laws, provide your property to those related to you. The only method to alter these laws from applying to your estate is by creating a valid will and making your choices yourself.

Circumstance 1: You pass away without a spouse or children. In this situation, your parents acquire your estate. If just one parent endures your death, half goes to the enduring parent and the other half is split in between your siblings. If there are no moms and dads, your siblings divide your whole estate. If no moms and dads or no siblings, your estate goes to your grandparents or their descendants, whoever is the closest relation to you.
Situation 2: You die leaving a making it through spouse however no kids. Your making it through spouse is entitled to receive all of your individual property. If you do not have any surviving parents, siblings or descendants of your brother or sisters, your spouse also gets all of your real property. However, if you have making it through moms and dads, your parents get half your genuine estate and your partner the other half. If your parents are dead however you have surviving siblings or descendants of siblings, the siblings take half the realty and your enduring spouse the other half. Divorced partners do not take any property.

Situation 3: You pass away leaving behind a making it through spouse and several children. The way your estate is divided will depend on if your kids are all from your present marital relationship or if you have kids from a previous marriage and also whether you acquired the property during your marital relationship or whether it was given to you as a gift or as part of an inheritance. Eventually, depending on the characteristics in your family, your partner and your children might not be gotten ready for or anticipating the distribution they get at your death as an outcome of the laws of intestacy.
Think about what you would like to take place to your property when you pass away. Do you wish to make certain that your spouse or substantial other is offered? Do you want your kids to get something instantly? Are there specific treasures or legacies you want to continue to stick with your family or bloodline? These are all factors to consider that can be dealt with in a Will or other testamentary document such as a revocable living trust.