When families come together through second marriages, they often bring with them
children from prior relationships, stepchildren, and shared property. These families are
loving, but legally, they are complicated. Without a will, Texas law doesn’t automatically
protect your spouse or stepchildren the way you might expect. That’s why having a carefully
written will is essential for blended families.
How Texas Intestacy Laws Work
If you pass away without a will, the Texas Estates Code decides who inherits your property.
For blended families, this can lead to surprising and sometimes unfair results:
– Your spouse and your children from another relationship both inherit. That means your
spouse may end up co-owning the family home with your adult children from a prior
marriage.
– Your spouse may only receive part of your estate. For example, community property might
be split between your surviving spouse and your children. This can leave your spouse with
less financial security than you intended.
– Stepchildren aren’t automatically included. If you want to leave assets to your
stepchildren, Texas law will not do that for you. You have to specifically include them in
your estate plan.
Real-World Example
Imagine a husband dies without a will. He has two adult children from a prior marriage and
leaves behind his current wife. Under Texas intestacy law, the wife does not automatically
inherit the entire house—they may now share ownership with the adult children. If the
children want to sell, the spouse could be forced into a situation she never anticipated.
How a Will Protects Your Family
A will lets you take control and make clear choices that avoid confusion, conflict, and
hardship:
1. Protect Your Spouse’s Home: You can leave your share of the house or grant a life estate
to your spouse, ensuring they won’t be displaced.
2. Provide Fairly for All Children: A will lets you balance inheritances between your spouse,
biological children, and stepchildren, based on your wishes.
3. Reduce Conflict: By putting your intentions in writing, you reduce the risk of disputes
among family members.
4. Save Time and Money: A clear will streamlines the probate process and prevents costly
litigation.
Planning Beyond a Will
In blended families, a will is the foundation, but you may also want to consider:
– Trusts: Useful for managing assets for children while still providing for your spouse.
– Prenuptial or Postnuptial Agreements: These can clarify what’s separate property and
what will pass to whom.
– Powers of Attorney and Medical Directives: To ensure the right person can make decisions
if you’re unable.
The Bottom Line
Blended families face unique challenges when it comes to inheritance. Relying on Texas’s
default intestacy laws can create unexpected and painful results for the people you love
most. With a will—and possibly other estate planning tools—you can protect your spouse,
provide for your children, and make sure your wishes are respected.
If you’re in a blended family in Texas, don’t leave your estate to chance. Talk to an estate
planning attorney today and put a plan in place that works for your family.
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