Texas Wrongful Death Laws

  • If you die without a will in Texas, you are said to have died intestacy. Your assets will go to your closest relatives through “intestate succession.” The assets your relatives receive depends on whether you have children, a spouse, parents, and other close relatives when you die.

    Read the following to understand intestacy laws in Texas:

    • If the deceased leaves behind children, but no spouse, parents, or siblings, the children inherit the entire intestacy property.
    • If the deceased leaves behind a spouse but no children, parents, or siblings, the spouse inherits the entire intestacy property.
    • If the deceased leaves behind parents, but no children, spouse, or siblings, the parents inherit the entire intestacy property.
    • If the deceased leaves behind siblings, but no children, spouse, or parents, the siblings inherit the entire intestacy property.
    • If the deceased leaves behind a spouse and children who are related to both, the spouse inherits all of the community property, plus 1/3 of separate property, and the right to use the estate for life. The children inherit everything else.
    • If the deceased leaves behind a spouse and children who are not related to the spouse, the spouse inherits 1/3 of the separate property and the right to use the real estate for life. The children inherit the rest, and 1/2 interest in community property.
    • If the deceased leaves behind a spouse and parents, the spouse inherits all of the community property, the separate property, and the right to use 1/2 of the real estate for life. The parents inherit everything else.
    • If the deceased leaves behind a spouse and siblings, but no parents, the spouse inherits all of the community property, the separate property, and the right to use 1/2 the real estate for life. The siblings inherit the rest.

    To learn more about intestacy laws in Texas, visit www.nolo.com.

    If you or someone you know has lost a loved one without a will, contact the lawyers at Meyerson and O’Neill law firm today at 877-373-8059.

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