If you die 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, offer your property to those related to you. The only method to alter these laws from applying to your estate is by creating a legitimate will and making your choices yourself.
Scenario 1: You pass away without a spouse or kids. In this situation, your parents acquire your estate. If only one moms and dad endures your death, half goes to the making it through parent and the other half is divided between your siblings. If there are no moms and dads, your brother or sisters divide 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 a making it through spouse but no children. Your enduring spouse is entitled to receive all of your personal effects. If you don’t have any surviving parents, siblings or descendants of your brother or sisters, your partner likewise receives all of your genuine property. If you have surviving moms and dads, your parents receive half your real estate and your partner the other half. If your parents are dead however you have making it through brother or sisters or descendants of siblings, the siblings take half the property and your enduring spouse the other half. Divorced spouses do not take any property.
Situation 3: You pass away leaving a surviving partner and several kids. 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 marital relationship and likewise 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. Ultimately, depending upon the dynamics in your family, your partner and your kids may not be prepared for or expecting the circulation they get at your death as an outcome of the laws of intestacy.
Think about what you wish to take place to your property when you pass away. Do you wish to be sure that your partner or loved one is attended to? Do you want your kids to receive something instantly? Are there particular treasures or legacies you want to continue to stay with your family or bloodline? These are all considerations that can be addressed in a Will or other testamentary file such as a revocable living trust.