Texas Law Today

Do you have a will already? If not then get one so your family can avoid litigation!

Posted on May 8, 2019 Updated on July 29, 2019

Many people think that estate planning is only for the elderly or the wealthy, but have you thought about what would happen if you unexpectedly died?   Do you really want to leave you wife and kids to figure out how to manage your affairs while they are grieving?  If you have a will, then your family has options on how to proceed and it makes the legal process less trying on them.  It is even a bigger issue when you are in a blended family.  Imagine your minor children living with your ex-spouse becoming a one-half owner of your house with your current spouse.  This in it self creates drama for all those involved when it could be avoided with a simple document expressing your desires.

Many people believe that having a will makes their family go through the costly process of probate, however, in Texas the process is not costly and its a lot easier than letting Texas laws decide who gets your stuff.

How does the probate process work?  After you pass away, your executor, who you named in your will, will collect and distribute the assets to your beneficiaries during a process known as probate. This will include settling any debts you have with creditors.  The process is inexpensive, simple and non intrusive into your loved ones lives.

What happens if you don’t have a will?

1. If you are married and all your kids are from your spouse? Your spouse gets your community property and your spouse splits your separate property with your kids.
2. If you are remarried and have kids from another marriage?  Your new wife and your kids share all your property.  In this scenario it is common for your wife and kids to become joint owners of your home.
3. If you are single with kids? Your stuff goes equally to your kids and if one is not living then their share goes to their children (your grandchildren from that kid).
4. If you are single without kids?  Your stuff is divided between your parents, if one of them is deceased then that parent’s share goes to your siblings.

So you can see how the laws in Texas might not be how you want your things to be distributed and having a will leaves the decision solely up to you!  We can always find a distant relative to be your heir, but do you really want someone else deciding?  So get a will today!  My office can help, just call 817-336-2400 and ask for Patricia Cole.