If you die without a will in Texas, your estate will be subject to the state’s intestacy laws. Intestate succession is the order in which your assets will be distributed if you die without a will. The distribution of your assets will be determined by who is alive at the time of your death and their relationship to you.
Your spouse or registered domestic partner will inherit all of your community property and half of your separate property. If you have children, they will inherit everything else. If you do not have any living descendants, your parents will inherit your estate. If neither of your parents are alive, your siblings will inherit your estate. If you do not have any living siblings, your grandparents or their descendants will inherit your estate.
The intestacy laws can be complicated, so it is always best to consult with an experienced estate planning attorney to ensure that your wishes are carried out after your death. An experienced attorney can help you create a will or trust that will distribute your assets according to your wishes.
What Goes Into a Strong Will?
A will is a legal document that indicates how a person’s assets will be distributed after their death. It is important to have a will in place in order to ensure that one’s final wishes are carried out and to avoid any potential conflict among loved ones.
There are a few key elements that should be included in every will:
Instructions for distributing your assets: You will need to specify who you want to receive your assets from and what they are to receive. This can include items of sentimental value as well as more tangible assets such as property or investments.
- An executor: This is the person who will be responsible for carrying out your wishes as outlined in the will. It is important to choose someone you trust and who is organized and detail-oriented.
- Signatures: All parties involved in the will – the individual, witnesses, and the executor – must sign the document.
- A will can be created without the assistance of a lawyer, but it is always best to consult with one to ensure that the document is legally binding.
Can a Will Be Contested?
There are a few reasons why someone might contest a will, including if they believe the will is invalid or if they feel they have been unfairly left out of the will. If you are thinking about contesting a will, it is important to understand the process and what you will need to prove in order to have the will overturned.
There are a number of reasons why people may choose to contest a will. Some common reasons include:
- The person who made the will was not of sound mind when they made the will. This can be difficult to prove, as there must be evidence that the testator did not understand what they were doing or that they were under duress when making the will.
- The will was not signed properly. In order for a will to be valid, it must be signed by the testator in front of two witnesses. If the will is not signed properly, it may be considered invalid.
- The testator was coerced into making the will. If the testator was forced, tricked, or otherwise coerced into making the will, it might be considered invalid.
Why Should I Hire a Lawyer?
Probate can be a complicated and time-consuming process, so it is often helpful to hire a lawyer to assist you. A lawyer can help you navigate the probate process and protect your interests throughout the process. Please contact us today at (210) 340-8877 for a free consultation. We would be happy to review your case and answer any questions you may have.