INTESTACY IN TEXAS COMMONLY ASKED QUESTIONS AND PRACTICAL CONCERNS

In our second white paper on intestacy in the state of Texas, we’re going to take a closer look at some commonly asked questions and practical concerns. A lot of what you read about intestacy can seem pretty academic or legalistic. But, when someone in your family dies without leaving behind a will or an estate plan, intestacy becomes all too real. So, to help shed some more light on the topic and to give you some idea of the practical realities that will take place when you have to deal with an intestate estate, let’s take a look at some common questions. WHAT WILL I INHERIT AS A SPOUSE? When a spouse dies without leaving behind a last will and testament in Texas, the surviving spouse is automatically entitled to receive a portion of the estate regardless of who else survives the decedent. Texas is a community property state. This means that the property owned by married people is divided into two general categories: community property and separate property. When a spouse dies, the surviving spouse is automatically entitled to receive the couple’s community property. Community property is any Intestacy in Texas: Common Questions and Practical Concerns 2 property the couple acquired while they were married. However, community property does not include inheritances given to the deceased spouse, or gifts that spouse acquired during the marriage. The separate property left behind by a deceased spouse will be divided in accordance with the intestacy rules of the state of Texas. Like the intestate estate distribution laws we discussed in our last white paper, the amount of separate property the spouse inherits will depend on who survives. For example, if a decedent leaves behind a spouse and children who were also children of that spouse, the spouse will receive all the community property, as well as one-third of any separate property the decedent owned, as well as the right to use any real estate for life. The remaining two-thirds of the separate property will then be divided between the children. (Of course, this is only one example of the many possible scenarios that a surviving spouse might face.) WILL I HAVE TO PAY THE DEBT LEFT BEHIND BY A FAMILY MEMBER? Probably not. When a person dies leaving behind unpaid debts, those debts must still be repaid. The inevitable question then becomes; who will have the legal responsibility to repay them? llionl