Texans who are considering whether they need a will should know what happens to their property if they die without one. This depends on a lot of factors and can involve a very complicated court process. Texas has laws in place to deal with property transfers after death, but people who have certain wishes for their property disposition may want to talk to an attorney about creating a will.
Separate property and community property for spouses
After people get married in Texas, they own two types of property. One is separate property, and the other is community property. Separate property, as the name says, is property that the spouses each own separately. This will include property owned by each individual before they were married, property received as a gift or inheritance during the marriage and sometimes damages from a personal injury claim. Community property, on the other hand, is property that is owned by the spouses jointly. This includes any money, property or other benefits acquired during the marriage.
If there are no children that are not related to the widowed spouse, all community property is given to the widowed spouse if the deceased spouse dies without a will. Separate property is dealt with in a different way.
Residents who wish to create a will in Texas should contact an estate planning attorney. An estate attorney can help residents create and execute a legally binding instrument that will help pass property to intended recipients. An experienced attorney can help with a variety of estate planning needs like wills, trusts, asset protection and powers of attorney. Houston-area residents and homeowners should not face complex estate planning issues alone.
Hegwood Law Group