Many people are scared of death and are of the belief that only the wealthy need a will, but that’s absolutely not true. A will is important for anyone who wants to have control over what happens to their assets after they pass away. In Pearland, Texas, if you die without a will, your property won’t automatically go to the people you intend to have it. Instead, Texas law decides who gets what.
In this blog post, we will examine what happens to assets if someone passes away without a will.
Firstly, let us understand what a will is.
What is a Will?
In Pearland, Texas, a Will, also known as a testament, is a legal document that outlines how your assets and property will be distributed after your death. It also allows you to name guardians for minor children and an executor to manage your estate. If you die without a will (intestate), Texas state law will determine how your estate is divided, which may not align with your wishes.
A will is an important part of an estate plan. As an adult, you should have a personalized will in place that clearly outlines your last and final wishes. Creating a well-crafted will offers several benefits and ensures that your intentions are carried out.
Advantages of a Will in Pearland, Texas
- Asset Distribution: You can specify exactly how your property, savings, and personal belongings will be distributed among your beneficiaries. Without a will, you lose control.
- Guardianship: You can name guardians for your minor children, ensuring they have a suitable caretaker if you’re unable to provide. And also ensuring their well-being and providing you peace of mind.
- Executor Designation: You can appoint an executor, who will be responsible for managing your estate and carrying out your wishes outlined in the will.
- Minimizing Disputes among Family Members: A well-written will helps minimize confusion and potential disputes among your heirs, as it clearly states your intentions. With a will, you can help prevent disagreements and potential legal battles among family members.
Requirements for a valid Will in Texas:
- Testator: The person making the will (the testator) must be at least 18 years old and of sound mind.
- Handwriting: Texas recognizes holographic wills, which are entirely handwritten by the testator.
- Witnesses: If the will is not handwritten, it must be signed by the testator and witnessed by at least two individuals who are at least 14 years old and not beneficiaries of the will.
Reasons You Should Have a Will?
- Control over Assets: A Will gives you control over how your assets are distributed, ensuring they go to the people you want them to.
- Peace of Mind: Having a will provides peace of mind for you and your loved ones, knowing your wishes will be followed.
- Avoiding Probate: While a will doesn’t automatically avoid probate, it streamlines the process and can reduce potential delays and costs.
What Does “Dying Without a Will” Mean?
Dying without a will in Pearland, Texas, is called “dying intestate.” This means you didn’t leave written instructions about who should receive your money, house, car, or other possessions. In that case, the state uses a legal process called “intestate succession” to decide who gets your stuff.
Intestate succession refers to the process of distributing a deceased person’s assets when they die without a valid will or other estate plan. In such cases, the laws of the jurisdiction determine who inherits the estate, generally based on the deceased’s family relationships. This process doesn’t consider your personal wishes, relationships, or promises you may have made to friends or family. It follows a strict order based on who is legally related to you.
Type of Property Distributed in Pearland, Texas, without a Will
Pearland, Texas law splits your property into two main categories:
A. Community Property: This includes most assets you and your spouse acquired during your marriage. For example, home, savings, and income.
B. Separate Property: This includes assets you owned before you got married, as well as gifts and inheritances that were given only to you. The type of property matters because it affects who will inherit it.
What Your Family gets depends on their Situation
Here’s what typically happens in different family cases:
- If you’re married with children, and you have your spouse, your spouse gets all the community property. The separate property is split; your spouse gets one-third, and your children get the rest.
- With children from a previous relationship, your current spouse only gets half of the community property. The other half goes to your children from the previous relationship. Your separate property is also split between your spouse and all your children.
- If you are married without children, your spouse usually inherits everything, but a portion of your separate property may still go to your parents or siblings, depending on who survives you.
- If you’re Single with children, your children inherit everything, divided equally among them.
- If you are single without children, your property goes first to your parents. If they are not alive, it goes to your siblings. If there are no siblings, it goes to nieces, nephews, grandparents, or other relatives.
- If you have no living relatives. If no heirs can be found, the state of Texas may take your property.
Problems That Can Arise Without a Will
Dying without a will might cause several unexpected problems for the people you care about:
- Your property may not go to the people you intended.
- Family disagreements may happen over who should get what.
- The legal process to divide your assets (called probate) may take a long time.
- Your minor children might end up with guardians you wouldn’t have chosen.
Why You Should Make a Will
Creating a will is one of the most important things you can do for your family. It allows you to:
- Choose who inherits your property, not just who’s related to you.
- Name guardians for your children so the right people can care for them.
- Make things easier for your loved ones by giving clear instructions.
- Avoid unnecessary legal delays and confusion during an already emotional time.
Final Thoughts
No one likes to think about death, but planning is an act of love. A will helps make sure your wishes are respected, your loved ones are protected, and your legacy lives on the way you want it to.
If you live in Pearland, Texas, and don’t have a will yet, now is the perfect time to start. Don’t leave your future in the hands of the state; take control of your story.
Contact Us
Making a will doesn’t have to be difficult or expensive. At Abii & Associates, PLLC, we help families and individuals in Pearland, Texas, prepare for the future, manage life transitions, and navigate the probate process with clarity and compassion. Whether you’re drafting a will, setting up a trust, or settling the estate of a loved one, we provide strategic legal guidance tailored to your personal goals and family needs. We keep your will updated, especially after major life changes like marriage, divorce, or having children.