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If someone creates a valid will, their assets get distributed to spouses and other heirs according to the will’s instructions after they die. However, sometimes people die intestate, which means they die without leaving behind a valid will. When this occurs, the rules governing the distribution of their assets can get complicated. Here’s what you need to know about how asset distribution works for spouses in Texas.
Community Property vs. Separate Property
First, let’s explore the difference between community property and separate property.
Community property includes everything a married couple earns or buys during their marriage. For instance, if you’re married and you buy a home with your spouse, that house is community property since it belongs to both of you. On the other hand, separate property refers to anything you owned before you got married and gifts or inheritances you received individually during the marriage.
Texas law treats these two types of property differently when a spouse dies. Community property generally gets split so that the surviving spouse keeps their half and might inherit the deceased spouse’s half under certain conditions. Separate property, however, doesn’t automatically go to the surviving spouse. It could go to other family members, depending on whether there are children or other relatives who stand to inherit.
Rights of a Surviving Spouse in Texas
In Texas, a surviving spouse has rights to their deceased partner’s property. However, these rights can vary depending on whether there’s a will, whether they had children, and the type of property involved.
Community Property With No Will
If there’s no will and the couple had no children or only had children within their marriage (i.e., no children from previous relationships), the surviving spouse keeps all the community property. This means things the couple owned together stay with the surviving spouse.
However, if there are children from outside the marriage, the surviving spouse keeps only their half of the community property. The deceased’s half goes to their children, not the spouse.
Separate Property With No Will
Things are a little different for separate property. If the deceased left no will, the surviving spouse typically gets a portion of the deceased’s separate property, but their rights vary depending on whether there are any surviving children. If there are children, the spouse gets one-third of the separate property. The spouse also has the right to one-third of any land separately owned by the deceased for life. The children get everything else.
If there are no children, the surviving spouse’s inheritance rights are even stronger. They might inherit all or most of the separate property, depending on whether there are other close relatives alive.
Valid Will Exists
If there’s a valid will, assets get distributed according to its instructions. However, Texas law prevents surviving spouses from being left with nothing, even if a will tries to cut them out. A surviving spouse can still claim half of the community property by asserting their rights.
Because Texas is a community property state, the surviving spouse still owns their share of community property, even if the deceased spouse intended to deprive the remaining spouse of their share entirely.
How a Texas Estate Administration Lawyer Can Help You
If you encounter challenges in asserting your inheritance rights as a spouse in Texas, a knowledgeable lawyer can help. They can explain your rights under Texas law in clear terms and help you understand what assets you are entitled to. They can also handle all the legal paperwork, making sure you meet all deadlines and follow the correct procedures. If anyone disputes your claim, your lawyer can fight for your rights in court to secure your full, rightful inheritance under the law.
Talk to a Spousal Inheritance Attorney Now
Ready to understand and claim your spousal inheritance rights in Texas? The Law Office of Carey Thompson P.C. is here to guide you every step of the way. Contact us today for an initial consultation, and let’s work together to secure what you’re rightfully entitled to.