Texas Intestacy Scenarios 4 Common Scenarios

If you die in Texas without leaving 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 change these laws from applying to your estate is by developing a valid will and making your choices yourself.

Circumstance 1: You pass away without a partner or kids. In this scenario, your parents inherit your estate. If only one moms and dad survives your death, half goes to the making it through moms and dad and the other half is split in between your brother or sisters. If there are no moms and dads, your siblings split your whole estate. If no parents or no brother or sisters, your estate goes to your grandparents or their descendants, whoever is the closest relation to you.
Situation 2: You pass away leaving an enduring spouse but no kids. Your enduring spouse is entitled to get all of your individual property. If you do not have any surviving parents, brother or sisters or descendants of your brother or sisters, your spouse likewise gets all of your real estate. If you have surviving moms and dads, your moms and dads get half your genuine estate and your spouse the other half. If your parents are dead however you have making it through siblings or descendants of siblings, the siblings take half the real estate and your surviving partner the other half. Divorced spouses do not take any property.

Situation 3: You pass away leaving behind a surviving spouse and a number of kids. The way your estate is divided will depend upon if your kids are all from your existing marriage or if you have kids from a previous marital relationship and also whether you acquired the property during your marital relationship or whether it was offered to you as a gift or as part of an inheritance. Eventually, depending on the dynamics in your family, your partner and your children might not be prepared for or expecting the distribution they get at your death as an outcome of the laws of intestacy.
Think about what you want to occur to your property when you pass away. Do you want to make sure that your spouse or loved one is offered? Do you want your kids to receive something immediately? Exist particular treasures or traditions you want to continue to remain with your family or bloodline? These are all factors to consider that can be resolved in a Will or other testamentary file such as a revocable living trust.