What Happens if I Die Without a Will?

If you die “intestate” (without a will), Texas law dictates who gets your stuff.

If you die with:	Here’s what happens:
children but no spouse	children inherit everything
spouse but no children, parents, or siblings	spouse inherits everything
parents but no children, spouse, or siblings	parents inherit everything
siblings but no children, spouse, or parents	siblings inherit everything
a spouse and children who are also the children of your spouse	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
a spouse and children who are not the children of your spouse	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
a spouse and parents	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
one parent and siblings but no spouse	parent inherits 1/2 of your separate property siblings equally share remaining 1/2 of your separate property
a spouse and siblings, but no parents	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

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.”