Frequently Asked Questions About Dying Without A Will

How Will My Property Be Distributed If I Die Without A Will Before My Divorce is Final?

If you and your spouse are planning to divorce, you probably wouldn’t want your property distributed to him or her if you died while your divorce is pending. But if you don’t have a Will and die while married, your estate will be divided according to a statutory formula that doesn’t take into account the … Read More

Will The State Get My Property If I Die Without A Will?

Everyone needs a Will. A Will allows you to dictate how your property will be distributed after you die. If you don’t have a Will, you lose control over that decision. Texas has statutes that dictate how property will be distributed when a Texan dies without a Will. These intestacy statutes are rigid and inflexible. … Read More

Can An Adopted Child Inherit From His Biological Parents?

Section 201.054 of the Texas Estates Code provides that an adopted child “inherits from and through the child’s natural parent or parents.” This section of the Estates Code should be read in conjunction with Section 161.206 of the Family Code, which provides, that in case involving the termination of the parent child relationship, the child … Read More

Are Stepchildren Legal Heirs in the State of Texas?

When someone dies without a Will in Texas, their assets pass according to a statutory formula that takes into account a number of factors, such as whether they are married or single, whether they have children, and if they are married, whether their property is classified as separate or community property. The Texas Intestacy statutes … Read More

Estate Planning for Divorcing Couples: What Happens if One Spouse Dies While Divorce is Pending?

A married man died recently. He had a Will which had been prepared shortly after he and his second wife got married. When their Wills were prepared, the man and his wife were in love and trusted each other implicitly. They planned to leave everything they owned to each other when one died, and to … Read More

Can A Biological Sibling of an Adopted Child Inherit Under the Texas Intestacy Statutes

I recently got a note someone whose biological brother had been given up for adoption while he was a baby. His brother had just died in Texas without a Will. He wondered whether he was entitled to a share of brother’s estate. Section 201.054 of the Estates Code addresses the laws of descent and distribution … Read More