Blended Families: Avoid the Intestacy Can of Worms
The importance of proper estate planning for blended families
In Texas, the laws of intestacy (dying without a valid Will) can have significant implications for blended families. When a person with children from a previous relationship dies without a Will, their estate is distributed according to the Texas Estates Code’s statutes regarding intestate succession.
Under Texas intestacy laws, if a married person with children from a prior relationship dies without a Will, their estate is distributed as follows:
The deceased spouse's separate personal property (property acquired before the marriage or by gift/inheritance) goes one-third to the surviving spouse and two-thirds to the deceased spouse’s children
The deceased spouse's separate real property (real property acquired before the marriage or by gift/inheritance) passes to the deceased spouse’s children; however, the surviving spouse retains a 1/3 life estate interest in the deceased spouse’s separate real property.
The deceased spouse's one-half community property interest (i.e. property acquired or earned after marriage) passes to the deceased spouse’s children, and the surviving spouse retains their one-half community property interest.
This means under Texas Law, the surviving spouse may only inherit a portion of the deceased spouse’s estate if they die without a Will, while the children of the deceased spouse shall inherit the majority of the deceased spouse’s property. The surviving spouse has no say in how the estate is divided.
This can create significant challenges and conflicts for blended families. The surviving spouse may feel their financial security is threatened, while the deceased spouse’s children may feel their inheritance is entangled since the surviving spouse has a life estate interest and homestead right in real property.
To avoid these issues, it's critical for anyone in a blended family situation in Texas to have a comprehensive and up-to-date estate plan (i.e. a Will or Trust). This allows you to specify how you want your assets distributed, protect your current spouse, and provide for your children. Working with an experienced estate planning attorney is the best way to ensure your wishes are carried out. In addition, where children are the primary concern, it may be appropriate for the couple to have a pre-marital or post-marital agreement in place to address those concerns.
Here are a few key reasons why blended families in Texas should have a Will or Trust.
Protect your spouse and children. If your spouse is your primary concern, a Will can ensure that your spouse receives your estate at your death instead of your children. If your children are a primary concern, a Trust is a good tool to ensure their inheritance is protected, while also providing for your spouse.
Address stepchild inheritance. Intestacy laws in Texas don't provide for stepchildren to inherit unless they were legally adopted. A Will allows you to include stepchildren and leave them a portion of your estate should you wish to do so.
Avoid family conflicts. Blended families can be complex, and disagreements over inheritance are common. A Will or Trust can help resolve inevitable disputes between your spouse, children, and stepchildren after you're gone.
Don't leave your blended family's future to chance. Contact an experienced estate planning attorney in Texas to draft a customized Will or Trust that aligns with your unique family situation and financial goals.
