If you die “intestate” (without a will), Texas law dictates who gets your stuff.
If you die with: |
Here’s what happens: |
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- children inherit everything
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- spouse but no children, parents, or siblings
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- spouse inherits everything
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- parents but no children, spouse, or siblings
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- parents inherit everything
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- siblings but no children, spouse, or parents
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- siblings inherit everything
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- a spouse and children who are also the children of your spouse
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- spouse inherits all of your community property, plus 1/3 of your separate personal property and the right to use your real estate for life
- children inherit everything else
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- a spouse and children who are not the children of your spouse
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- spouse keeps 1/2 of the community property, 1/3 of your separate personal property, and the right to use your real estate for life
- children inherit everything else, including your 1/2 interest in the community property
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- spouse inherits all of your community property, all of your separate personal property, and 1/2 of your separate real estate
- parents inherit everything else
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- one parent and siblings but no spouse
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- parent inherits 1/2 of your separate property
- siblings equally share remaining 1/2 of your separate property
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- a spouse and siblings, but no parents
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- spouse inherits all of your community property, all of your separate personal property, and 1/2 of your separate real estate
- siblings inherit everything else
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What’s the takeaway? MAKE A WILL UNLESS YOU WANT THE STATE OF TEXAS TO DECIDE WHO GETS YOUR STUFF!
Be a sport. It is not that expensive to get an attorney who is experienced with wills, trusts and estates to draft a will for you. Doing so will save your loved ones a ton of headaches after you pass.
And remember: “If it’s not written down, it never happened.”