Home ] About Us ] Location ] Map ] Legal Links ]


Areas of Legal Practice


Personal Injury Law

Auto Wrecks

Truck Wrecks

Railroad Wrecks

Wrongful Death

Civil Litigation



Divorce and Family Law

Child Custody, Visitation and Support

Protective Orders, Injunctions

Paternity, Termination of Rights

Martial Agreements

CPS Cases

Business Law


Business Agreements


Criminal Law

Adult and Juvenile

Probate Law



Estate Documents

Real Estate Law

Immigration Law


Family and Civil


Do you really need a WILL?


      A lot of individuals ask me if they really need a WILL. The answer in my opinion is yes, if you want your property to go to a particular person when you pass away.
     If you have no WILL your estate will pass by Intestacy.  In other words the law of the State of Texas will determine who receives the property in your estate.
     If a person passes away leaving no wife or husband, then his or her children or their descendants receive the property.  If there are no children or descendants of children then the property of the estate goes to the mother and father of the deceased in equal shares.  However, if only one of the deceased parents survives the deceased, then the estate's property is divided into two equal shares, one share to the surviving parent and the other share to any surviving brothers and/or sisters or their descendants as the case may be.  If there are no surviving brothers or sisters or any of their descendants that have survived, then the whole estate shall be inherited by the surviving parent of the deceased.  If there are no surviving parents of the deceased, then the entire estate passes to the brothers and/or sisters and their descendants.
   If a person passes away with no WILL but leaves a wife or husband along with children, then the surviving spouse shall take 1/3 of the personal estate and the surviving children the other 2/3's of the personal estate.  As to the land in the estate, the surviving spouse would receive a 1/3 interest in a life estate in the land and the remaining portion of the land goes to the children and their descendants.  If the deceased had no children or their descendants at the time of his or her death, but left a spouse, then the spouse would receive all the personal estate and one-half of the land of the deceased, the other one-half would pass according to the rules of descent and distribution.
     To avoid Intestacy as described about a person should have a WILL, thereby  directing  who shall inherit the portions of the estate.  A WILL is a good estate planning tool to make sure your family is taken care of during a difficult period for the surviving members of your family.


  This firm operates with a  tradition of integrity, common sense, technical expertise and with a principle that "Justice for All" applies to everyone. Further, the firm works for timely resolution of difficult family matters with a minimal level of confrontation, specially when children are involved.

    With the "client's interests at heart," the firm handles divorce and property cases, child custody and support, visitation, adoption, wills, criminal, personal injury, business and other legal matters. Through effective use of state-of-the-art technology, Weismuller Law Firm handles complex cases requiring extensive research and analysis.


Home ]

No information or materials posted here are intended to constitute legal advice, and is not applicable to any particular set of facts, especially as to any personal situation. The information contained herein nor the use of it does not establish nor constitute an attorney-client relationship with the Firm or any of its Attorneys.


Not Board Certified by the Texas Board of Legal Specialization


copyrighted 2003    Weismuller Law Firm