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WHY DO I NEED A WILL?

Well, lets go through some fairly obvious reasons first:

  • So my property goes to who I want it to.

  • So I can make sure when I pass on that someone helps my loved ones secure my estate assets for their benefit.

  • To allow me to make arrangements to take care of my:

    • Children

    • Spouse or loved one (Think about a person having mental or physical issues, about a minor child, someone who would need help managing financial matters, etc.)

    • Pets

    • Anyone or anything else  you care about and would want your estate to look out for and take care of them.

  • So I can decide how my estate will be divided

 

 

Now lets look at a few simple things that may happen without a Will:

Married with children all from the Marriage (and no others)

  • *Surviving Spouse gets all your community property

  •            **(1/2 of everything you acquired since your marriage is

  •              your part of the community property includes personal

  •              and real property.)

  • *Surviving Spouse gets only 1/3 of your separate  personal property

  • *Children get 2/3 of your separate personal property

  • *Surviving Spouse gets only a 1/3 life Estate in your sepearte real property.  {{YOUR SPOUSE GETS TO LIVE THERE TILL THEY PASS ON  BUT IS NOT REALLY THEIRS AT ALL!!}}

  • *Children get 2/3 of the real property and get the other 1/3 when your spouse passes on.

  • **NOW IF MOST OF YOUR PROPERTY WAS ACQUIRED BEFORE MARRIAGE THEN IT IS SEPARATE PROPERTY AND IF THE PLAN WAS YOUR SPOUSE WOULD GET IT AFTER YOU PASSED ON--THIS IS NOT HAPPENING WITHOUT A WILL OR OTHER INSTRUMENT.

COMMUNITY
100%
SEPARATE PERSONAL PROPERTY
33.33% {HEIRS TAKE THE REST 66.66%}
SEPARATE REAL PROPERTY
1/3 LIFE-ESTATE {HEIRS OWN 2/3 OF THE LAND AND GET THE 1/3 AT SURVIVORS PASSING}

ATTENTION:

NOTHING ON THIS SITE OR THIS PAGE SHOULD BE CONSIDERED LEGAL ADVICE.

IF YOU NEED LEGAL ADVICE CONTACT A LICENSED TEXAS ATTORNEY.

NO WILL?

Heres what can Happen

 

MARRIED WITH CHILDREN (BLENDED FAMILY) {Kids not all from marriage.}

  • Surviving Spouse gets their 50 % (1/2) of the community property.

  • Kid/Kids from outside of marriage get your 50% (1/2) when you pass.

  • Separate Property passes the same as described above

***NOW IF YOU AND YOUR SPOUSE WORKED ALL YOUR LIFE ON YOUR HOME, ACQUIRING NICE THINGS (Car, Boat, Lake house, Four Wheelers, Motorcycles, Motor-homes, Travel Trailers, etc. etc. etc.) THE KIDS GET 50% OF EVERYTHING {EVEN IF YOU NEVER SEEN THEM AND THEY WERE CONCEIVED IN AN EVENING OF BAD JUDGMENT IN HIGH SCHOOL}  !!NOW THAT IS SOMETHING TO THINK ABOUT AIN'T IT?

NO WILL?

Heres what can

HAPPEN

COMMUNITY PROPERTY
SURVIVING SPOUSE 50%
KIDS OUTSIDE OF MARRIAGE 50%
SEPARATE PROPERTY IS THE SAME AS ABOVE
IF THIS IS SHOCKING NEWS TO YOU AND NOT YOUR INTENTION THEN:
GET YOUR WILL ON!!

SINGLE or JUST NOT MARRIED! {Because its your choice}

          Since your not married there is No Surviving Spouse!

          No Surviving Spouse means if your in a Relationship

          your Significant Other is not a legal HEIR!

          Not an HEIR means they get NOTHING if you Pass On!

SO, YOUR STUFF MAY GO TO YOUR BIOLOGICAL  or ADOPTED KIDS, YOUR MOM and/or DAD, YOUR SIBLINGS, YOUR NIECES and/or NEPHEWS.......BUT NOT TO YOUR SIGNIFICANT OTHER (If you have one)

           TEXAS ESTATES CODE Section  22.015: HEIRS;  "Heir" means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate.  The term includes the decedent's surviving spouse.

THERE IS NO COMMUNITY PROPERTY IN THIS SCENARIO (Unless there is a common law marriage argument)

ALL SEPARATE PROPERTY GOES TO YOUR HEIRS! {Whether you like them or not.}

Generally your Heirs are: *Surviving  Spouse; *Biological or Adopted Kids; Biological or Adopted Kids descendants;  Parents; Siblings; Grandparents; Grandparents decendents;  Great Grand Parents; and so on....


 

THE BOTTOM LINE

no will?

heres what can

happen

What is Separate Personal Property?

Boat, Four Wheeler, Side by Side, Big Ole 4 x 4 Truck, Guns, Trophys, Golf Clubs, Tractor, Bailer, Air Boat, Fishing Gear, Tools....pretty much anything that isn't land/structure type property.

Your Spouse gets 1/3 of these things, your Biological or Adopted Kids (or heirs) get 2/3.

Losing a Love One is a traumatic time in our lives, but as tough as that is, most of us have people to share the experience with and to help out with any problems the departure may have created.

When we depart, what mess do we leave behind for those we care about, or, who would we like to have our worldly possessions after we pass on?

Your taking time to go through this site will hopefully let you decide if you need to do something to help and/or protect your loved ones if you get ill or pass on.

If we can be of service on this or another legal matter please let us know.

                                     Thank you for stopping by,

                                     Timothy M. Clark

                                               Attorney at Law