Intestacy

If You Don’t Have a Will, Texas Makes One For You

September 25, 2013

I received a phone call this week from a woman I’ll call Ellen, whose grandfather had succumbed to pancreatic cancer. His own children were unwilling to care for him while he was ill, so Ellen moved into his home and cared for him until he died. As an expression of his gratitude, Ellen’s grandfather promised […]

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Will My Wife Inherit All My
Separate Property If I Die Without A Will?

August 14, 2013

Most people may assume that if they are married and die without a Will, their surviving spouse will inherit their entire estate. This is not always the case. The way property is characterized is important in determining who inherits the property when its owner dies. Separate vs. Community Property Property is characterized as either separate […]

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Will The State Get All My Assets If I Die Without A Will?

May 29, 2013

The law gives you the freedom to decide how and to whom your assets are distributed when you die by making a Will. If you die without a Will, your assets will be distributed to your heirs according to a statutory formula. You can learn more about Texas’ rules of descent and distribution by reading […]

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Will My Surviving Sibling Inherit My Entire Estate If I Die Without A Will?

September 5, 2012

I was contacted recently by a man I’ll call Jack, whose uncle had just passed away. Jack’s uncle was single, his parents had predeceased him, and he left only one surviving sibling, Jack’s mother. Jack assumed his mother would be the sole heir of her brother’s estate. Jack was surprised when the probate judge asked […]

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The Rigidity of the Intestacy Statutes

August 1, 2012

I received an email this week from a grieving and very frustrated man. He lost his wife this month after sixteen years of marriage. Both he and his wife had been married before, and each of them had children from their previous marriages. They owned a home in Texas. His wife never worked outside the […]

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Why Do I Need A Will?

June 27, 2012

Estate planning attorney, Scott Zucker, wrote a great article several weeks ago explaining the importance of estate planning. He reminded readers that how you dispose of your property at death is so important that if you don’t have a will, the state creates one for you. Each state has an intestacy statute, which is a […]

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