On Friday, March 13, 2020, President Trump announced the United States is officially in a “National Emergency State” for the purpose of trying to contain the Coronavirus, now considered a Worldwide Pandemic. The American way of life has been put on hold with schools, churches, and major events being cancelled until further notice. Many major companies have sent employees home to work online and smaller companies are laying off workers for lack of business. Grocery and drug retailer stores are being emptied by binge shopping from consumers who are afraid that supplies will dry up. How is this affecting you and your loved ones?
Now your priorities are your family and loved ones. It is difficult to contemplate one’s mortality as we face this Pandemic Crisis. Life can be fleeting, and one must prepare for not only your interest but for your family’s interest as well. You need to check to make sure that you have a will that will ensure your assets are inherited by the people of your choosing rather than the State of Texas ideas of what is proper.
To die without a will is to die “Intestate”. Absent a will, an individual must have his or her estate distributed per the laws of Intestate Succession. Intestacy is the process which the Texas Probate Code will determine which assets go to whom.
(ESTATES CODE,TITLE 2.ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY/SUBTITLE C.PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS’ PROPERTY IN GENERAL/CHAPTER 121.SURVIVAL REQUIREMENTS/SUBCHAPTER A.GENERAL PROVISIONS)
This link above will direct you to the complete Estate Code Statue.
Here is a brief explanation of the statue:
When your loved one dies without a will, the Texas probate process is often expensive and frustrating. Absent a will, an individual must have his or her estate distributed per the laws of Intestate Succession. Intestacy is the process by which the Texas probate code will determine which assets go to whom.
If your mother or father dies without a will, here is the normal estate disbursement under the following conditions:
- Mother and father are still married.
- All siblings are born from mother and father, not out of wedlock or children of another marriage.
This is a common fact pattern for intestacy probate. If an individual die but their spouse is still alive then the assets will be distributed in the following manner:
- Community Property: The spouse will receive 100% of the community property.
- Separate Personal Property: The spouse is entitled to 1/3rd of descents separate personal property. The descendants are entitled to the other 2/3rds of separate personal property.
- Separate Real Property/Land: The spouse is entitled to a life estate in 1/3rd of the separate real property. The descendants are entitled to the remainder interest in that 1/3rd, plus a present possessory interest in the remaining 2/3rd of the separate real property.
If your wife or husband dies with no children, then the estate will be distributed in the following manner:
- Community Property: The spouse will receive 100% of the community property.
- Separate Personal Property: The spouse will receive 100% of the Separate Personal Property
- Separate Real Property: The spouse will receive ½ of the separate real property if the intestate is survived by a parent, sibling, or sibling’s descendant. The remaining ½ of the separate real property passes to the parent, sibling, or sibling’s descendant as if the intestate had no surviving spouse. If the intestate is not survived by a parent, sibling, or sibling’s descendant, the surviving spouse is entitled to all the.
This is a very general overview of some of the laws for an individual who does not create a will before he/she dies. The Intestate Statutes in Texas attempt to make an amicable inheritance of an individual’s property that will prove to be fair and just for the majority of the State’s citizens. These Intestate Statutes are automatic and non-negotiable. Dying without a will is a very traumatic legal situation for your family. There are many complex family situations to deal with families of multiple partners and children, same sex marriages, non- married partners with multiple children, single persons, etc. If you wish to leave your assets and property to specific family members or non-related people, then you must have a will. A will gives you, not the state, the power to dictate how your property will pass when you die. Take some initiative and meet with a probate attorney so you can confirm and assume your specific desires are met upon death.
Being Proactive saves much family heartache!
Nacol Law Firm P.C.
Dallas Probate Attorneys
