If you pass away without a will in Texas, the court doesn’t guess what you wanted—it follows a strict formula set by state law. While these rules may seem straightforward, they often fail to reflect the realities of modern families. That’s why it’s so important to understand how wills McAllen residents create can help avoid confusion, conflict, and unintended outcomes.
Let’s break down who gets what when there’s no will—and how to protect your legacy.
Understand Texas Intestacy Laws
Texas intestacy laws dictate how assets are distributed when there’s no valid will. The system prioritizes certain relationships, but doesn’t always account for blended families, long-term partners, or stepchildren.
Here’s What Happens Without a Will:
- Married with kids (from that marriage): Assets are split between the spouse and children.
- Married with kids from previous relationships: The surviving spouse may inherit less than expected.
- Unmarried with kids: Assets go to children equally.
- No spouse or kids: Property goes to parents, then siblings, then extended family.
- Unmarried couples: Partners receive nothing unless legally designated.
Without a will, the law decides—and that may not match what you actually want.
Know the Risks for Blended Families and Unmarried Partners
Blended families are common, but Texas laws don’t automatically recognize stepchildren unless they’ve been legally adopted. Similarly, if you’re in a long-term relationship but not legally married, your partner could be left out entirely.
Who Is at Risk of Being Disinherited:
- Stepchildren
- Unmarried life partners
- Godchildren or close friends
- Charitable causes you support
A will is the only way to ensure these individuals or entities receive what you intend.
Avoid Probate Complications and Family Conflict
Without a valid will, disputes over inheritance are more likely. Family members may disagree on who should receive what—or who should serve as the executor of your estate. These disagreements often result in drawn-out court battles that can damage relationships and drain resources.
Problems That Arise Without a Will:
- Delays in asset distribution
- Legal battles among heirs
- Expensive probate court proceedings
- Appointed guardians not aligned with your preferences
Creating a will helps your family avoid unnecessary stress during an already difficult time.
Take Control With Legal Support From Fryer and Hansen
Don’t leave your loved ones guessing. With proper planning, you decide who inherits, who manages your estate, and how your legacy is preserved. When it comes to wills McAllen families can rely on, Fryer and Hansen offers trusted legal guidance tailored to your life and values.
Reach out today to schedule a consultation and ensure your wishes are clearly documented—before the courts decide for you