In Texas, if a person dies without a will or estate plan, that person’s assets are distributed “intestate.” This means that the probate court distributes the person’s estate in accordance with Texas’s pre-set laws and order of inheritance. While we certainly do not recommend leaving things to chance and opting not to write a will or estate plan, it is worth reviewing the state’s intestacy laws to know what is at stake if you die without any kind of plan in place.
Possibility #1: Dying Intestate Without a Spouse
If a person dies with no will, and if that person did not have a spouse, his estate will go first to his children. In the absence of children, his estate will go to his parents; if only one parent is living, the estate will go to both the surviving parent and to the persons siblings. Without parents, the estate goes to the person’s siblings. And, finally, if the decedent has none of these relatives alive, the estate goes to the person’s grandparents.
Possibility #2: Dying Intestate with a Spouse
Dying without a will but with a living spouse is a bit different. If the decedent has children, one-third of the estate will go to the spouse, while two-thirds will go to the children. If there are no children, the spouse inherits the personal estate in its entirety.
Possibility #3: Dying Intestate with No Relatives
It is rare for a person to die with no living relatives. If this is the case, however, the decedent’s estate will go through “escheat,” which is a legal term that means the state of Texas takes ownership of the person’s property. The state then directly benefits from the person’s assets and property.
Avoiding Intestate Succession
Intestate laws are difficult because they do not take the decedent’s wishes into account. The formula is prescribed, and the courts do not allow anyone’s individual preference to shape the distribution of the assets. Intestate succession can also lead to high-conflict situations, since no one involved in the distribution of assets has control over how the process plays out. To avoid this situation, sit down with a Houston estate planning attorney that can take a look at your financial situation, hear about the people in your life, and help you decide how to draft your will or estate plan in a way that is both effective and legally valid.
Do You Have a Houston Estate Planning Attorney in Your Corner?
If you have not yet made plans for your estate, give our office a call at McCulloch & Miller. We are committed to providing empathetic, efficient representation for our clients in the Houston area, and we keep your needs and goals at the forefront of our strategy. Our team of Houston estate planning attorneys offers you peace of mind when you need it the most.
To set up a consultation with a member of our team, call us today at 713-597-7176. You can also fill out our online form, and a Houston estate planning attorney will reach out to talk with you about the details of your case.