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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. |
