Wills Attorney in Shenandoah, Texas

What happens to my assets if I die without a will?

More In This Category

View Transcript

In Texas, if you die without a will, the state of Texas has one for you. Unfortunately, that’s not always what you want to happen, especially in the situation of a blended family. Generally speaking, if there’s not a blended family, it will go to the surviving spouse. However, if there is a blended family with children outside of the marriage, it can complicate things significantly. This is because the community property of that marriage will go to the children outside the marriage. If there are children both from outside and inside the marriage, all of those children will inherit, and the surviving spouse will not receive the community property.

The Woodlands, TX estates & probate attorney Robin L. Apostolakis discusses what happens to your assets if you die without a will. She states that in Texas, if an individual dies without a will, the state provides one by default. However, this arrangement does not always reflect the deceased’s intentions, particularly in cases involving blended families. Generally, when there is no blended family, the estate passes to the surviving spouse. In blended families, however, the situation becomes more complex. Community property from the marriage may pass to children from outside the marriage, and if there are children both from within and outside the marriage, all of those children may inherit, potentially leaving the surviving spouse without a share of the community property.

More Videos From This Lawyer