Dying without a will is called “dying intestate.”
It’s unfortunate, but most people wait too long to get an answer to this question. You may not realize it, but the state of Texas has an estate plan for you if you don’t ever get around to planning one yourself. But, most people don’t like what Texas has planned for their assets when they pass on.
If you don’t bother to write a will, here’s what will happen based on your situation:
Single person without children
Your estate gets divided equally between your parents. This includes all your assets and any real property. If your parents die before you do, then your estate gets divided equally among your brothers and sisters. Full blood siblings will get a full share and half blood siblings will get a half share.
Single person with children
Your estate is divided equally between your children.
Married person without children
All of your personal property will go to your surviving spouse. Real property, including land, is divided differently. One half of your real property will go to your spouse. The other half of your real property will to your parents. If your parents die before you do, then it will go to your siblings.
If you don’t have parents or siblings that are alive at the time of your death, then your spouse will get all of your personal and real property.
Married person with children
Two thirds of your personal property will go to your children and one third will go to your spouse. Your spouse will get a life estate in one third of your real property. (A life estate is the right to use the property during their lifetime without having any owner ship rights in the property.)
Your children will have all the ownership rights to your real property. However, they won’t be able to sell the one third portion that your spouse has a life estate in, until after your spouse dies.
Don’t like these plans that the state of Texas has so kindly prepared for you? You should take the time to create your own Texas will.
