Manage episode 521039735 series 3376163
From Family Matters Law Firm PLLC – What Happens If You Die Without a Will in Texas? explores how the absence of a valid will impacts your legacy, your loved ones, and how the law steps in to make sometimes surprising decisions. In this episode we’ll walk through how Texas’s intestacy rules kick in when someone dies “without a will,” what happens to property (community vs. separate), and why even well‑intentioned individuals can leave unintended consequences behind.
We’ll talk with attorney Linda Leeser of Family Matters Law Firm PLLC in San Antonio about how property classification in Texas (community property vs separate property) serves as the foundation of intestacy law, and how commingling of assets can change the outcome for heirs. We’ll unpack scenarios: married with children, married without children, unmarried with children, unmarried without children — and how the Texas Estates Code dictates who gets what in each case.
Next, we’ll shift to the practical and emotional cost of relying on the state’s default rules instead of proactively crafting a will or trust. Linda reflects on how the court‑appointed administrator takes charge when there’s no will, how guardianship for minor children may be decided by strangers, and how the whole process can become public, expensive, and laden with conflict. We’ll highlight how non‑probate assets like beneficiary designations and joint ownership can bypass intestacy — but also how unintended errors in these can create “shadow” estate plans that conflict with your real wishes.
Finally, we’ll discuss actionable steps and considerations: how to take control of your legacy by working with an estate planning professional, updating your will or trust, making sure your assets are correctly titled, avoiding commingling, naming guardians and executors, and tailoring your estate plan to your family structure. Whether you’re in Texas or elsewhere, the principles covered in this episode will help you ensure that your intentions—not the default legal formula—determine what happens after you’re gone.
Family Matters Law Firm PLLC
926 Chulie Dr, San Antonio, TX 78216, United States
(210) 997-2914
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