Some of you have been married more than once. Some of you have children from each of those relationships. Some of you still don't have a will.
To help you understand how this works, I will use the following example throughout. Able is our decedent. He was married to Betty and they had 2 children Charles and Daisy. Able and Betty divorced. Able then marries Esther and they have one child Frank. Able dies without a will. Section 201.002 of the Texas Estates Code, directs where Able’s separate property will go as follows: 1/3 of the personal property and a life estate in the Able’s land goes to Esther his surviving spouse, 2/3 of the personal property and the remainder of the land goes to Able’s children, Charles, Daisy and Frank. Section 201.003 of the Texas Estates Code, directs where the community property of Able and Esther will go:
Esther will keep her ½ of the community estate and Able’s children, Charles, Daisy and Frank will share Able’s ½ of the community estate.
As you can see, there will be quite an issue between Esther and Charles and Daisy, when it comes to the house.
Esther will get to stay there, in addition, Charles, Daisy and Frank will need to wait for Esther to pass away to get access to their share of the real estate.
Likewise, the furniture, vehicles, etc., would need to be divided 1/3 and 2/3.
There is a solution, an alternative to the Legislative estate plan. By drafting a will, your decision, your plan is what will control. Why not have your plan control the way your assets will pass. There are many different combinations of how assets can be distributed. It is important to meet with your legal advisor to see how to best distribute your estate. In summary, you should choose how your estate is distributed. As you can see, not making a choice still is a choice (though not a good one).
If you are interested in preparing your will or reviewing your current will, or have any other estate planning or asset protection questions, we are available in person, by appointment or by Zoom. In South Texas, call us at 956-791-5422 and in Central Texas call us at 830-302-4577.
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