Does Your Spouse Inherit Everything If You Die in Texas?

Death tends to be a subject people shy away from discussing. Yet, preparing for the future holds great significance, especially understanding what happens to your assets once you’re no longer here. If you are in Texas, you might be curious as to whether your spouse will inherit everything that you own when you die. In this post, we will provide you some answers to this question.

A Community Property State

Texas is a “community property” state, which means that any property acquired during the marriage is considered to belong to both spouses. This includes everything from a couple’s house to their income. However, just because both spouses own the property does not necessarily mean that one spouse will inherit it all if the other dies.

If you pass away without leaving a will in Texas, the state’s intestacy laws will determine how your assets are to be distributed. If you have a spouse and children, your spouse will inherit all community property, and your children will inherit all of your separate property. For example, if you own a car that you bought before the marriage, it would be considered separate property and would go to your children.

Without A Will Texas Law Prevails

However, if you have a spouse and no children, your spouse will inherit everything, regardless of whether it is community property or not. If you have neither a spouse nor children, your estate would pass to your parents, siblings, or other relatives according to a specific order set out by Texas law.

It is important to note that if you have a will in Texas, you can determine who will inherit your property and to what extent. For example, you can leave everything to your spouse, or you can leave specific assets to other family members or loved ones. Additionally, you can name guardians for any minor children that you may have.

Also blended families are more common these days. You may also have specific wishes for the distribution of your assets, and it is crucial that you have a will in place to ensure that your desires are carried out properly.

To sum it up, your spouse will inherit all of your community property if you pass away in Texas and don’t have any children.

However, if you have separate property or children, the distribution of your assets will be governed by Texas intestacy laws. Having a will is an important part of your estate planning and will give you peace of mind in knowing that your assets will be distributed according to your wishes. Attorney Matt Zimmerman heads up our family law division. Contact our offices today to schedule a consultation.