The Dean Law Firm Blog

Tuesday, January 13, 2015

No Will? Beware...

Ignorance is not bliss when it comes to estate planning. If you do not make proper legal arrangements for the management of your assets and affairs after your passing, the state of Texas will come in and write a Will for you, but the result is usually much different than most people desire. You may believe that if you were to die before your spouse and you had no will, Texas law would ensure that everything would go to the spouse first and then upon his or her death, to the children. But that is not necessarily true.

While nobody wants to think about death or disability, establishing an estate plan is one of the most important steps you can take to protect yourself and your loved ones. Proper estate planning not only puts you in charge of decisions concerning your legacy, your finances and medical matters, it can also spare your loved ones the expense, delay and frustration associated with managing your affairs when you pass away or become disabled.

So, what happens if you neglect to sign a will? The answer depends upon several factors, including: 1) whether all of your children are also the children of your spouse, and 2) the type of property you own: community property or separate property. For example, if you have a blended family, then your community property is split between your children, not your spouse. Not the result most people desire…

Why let these important matters be decided by the State of Texas? The problems created by a lack of a will are easily remedied by having one. By proper planning, you can ensure your legacy is as you want it and your family’s needs are provided for when they need it most.

By Julia Dean

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