The Reecer Law Firm

Texas Estate Planning & Probate Law

Wills

What If Someone Dies Without a Will In Texas?

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If a person dies in any state without a will, they are said to have died intestate. Since they died without leaving written instructions about how they want their assets distributed, the assets will be distributed according to the Texas Estates Code.

The law requires the court to appoint an executor of the estate. Beneficiaries have no say in who this executor will be. Also, the law lays out clearly how the assets of someone who dies without a will are distributed. This law cannot be challenged.

Texas Property Distribution Law When Someone Dies Intestate

An overview of who inherits the assets of someone who dies intestate is:

Texas code on wills
  • All assets go to a surviving spouse if there are no children.
  • If there are surviving children but no spouse, the assets are divided among the children.
  • If there is a surviving spouse and children, and the children are the children of the surviving spouse and the decedent (the one who died), the spouse inherits all community property, one-third of the decedent’s separate property, and the lifetime use of any separately owned real estate. All other assets are divided equally among the couple’s surviving children.

This is not a comprehensive list. It continues with rules for those related to the decedent depending on the level of the relationship of survivors. There are additional distribution laws that can make distribution complicated, for example, if the decedent has a surviving spouse, but children with former spouses or from other relationships.

The list continues and depending on whether there are surviving heirs in one category, the decedent’s estate will continue down several levels until a living person is found. The order of intestate succession is spouse, children, parents, siblings, cousins, nieces, and nephews, etc.

Property that is Exempted from Laws Governing Intestate Asset Distribution

Some property is exempt from intestate distribution laws:

  • Proceeds of life insurance. These go immediately to the named beneficiary.
  • Property owned in joint tenancy. It goes to the surviving joint tenant.
  • Retirement funds. They go to the named beneficiary.
  • Property in a living trust.
  • Bank account funds when there is a payable-on-death provision for funds to be transferred to the named beneficiary.

Contact the Reecer Law Firm PLLC for Assistance

Dena Reecer is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. She is also the founder and owner of the Reecer Law Firm PLLC. If you are an heir of someone who died intestate or are the court-appointed executor of an estate or personal representative, contact the law firm for more information about how the attorneys can help you.

When Do I Have To Probate A Will?

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It is possible for someone with a large estate to die without a will. This happens when the decedent made other arrangements for the transfer of property, such as establishing trusts, naming beneficiaries on retirement accounts and insurance policies, or owning property with another person as joint tenants with rights of survivorship.

If there is a will, that will must be admitted to probate in order for the assets named in the will to be transferred to the named beneficiaries.

When Do I Have to Probate a Will in Texas?

Texas law requires that when a person dies with a will, that will must be admitted to probate within four years of the person’s death. The will usually names an executor of the estate, and the executor is the one who is charged with filing the will within the time frame established by law.

If the executor fails to file the will within four years of the decedent’s death, the assets may then be distributed according to the laws of intestacy, which govern asset distribution when there is no will.

Overview of the Probate Process

The will must be submitted with a probate application to the probate court in the county where the decedent died. A court hearing will be scheduled to take place after the probate application and will are submitted to the court. The court clerk will give notice that the will has been filed.

At the hearing, if no one has come forward to contest the will, the court will determine if the will is valid and appoint an executor, which is generally the person named in the will.

If the estate is small, there are few assets, and no one contests the will, the probate process can be completed in about six months. For larger estates, and if someone contests the will, the process can take more than a year.

Contact the Reecer Law Firm PLLC for Assistance

Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is one of a few Texas attorneys who are Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. Contact the firm for more information about having a loved one’s will submitted to probate so the assets can be distributed according to the decedent’s wishes.

Can I Change My Irrevocable Trust?

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If you have an irrevocable trust, you are familiar with the advantages. For example, you most likely know that the trust assets cannot be reached by creditors or court judgments. There are also tax advantages to you during your lifetime and the assets pass to your named beneficiaries without going through the probate process.

Irrevocable Trust

All this works well for you until you want to make changes to the irrevocable trust. The word irrevocable means “not able to be changed.” While that is technically true, with the assistance of an experienced trust attorney, you may be able to make the modifications you want.

Begin by Evaluating the Trust Document

Before using any strategy to make changes to the irrevocable trust, evaluate the trust document itself. Look at:

  • The parties to the trust. Are they alive and competent? Can they agree with the changes you propose making?
  • The trust provisions. Has there ever been changes to it? What law governs the trust and is there a provision within it about changing the terms?
  • The trust assets. What is their value? Is stock included? Life insurance? Real estate?
  • The tax status of the trust.

Ways to Change an Irrevocable Trust

All methods of change are complicated and take the skill of a knowledgeable and experienced trust attorney. Some examples are:

  • Judicial modification. You must submit your proposed changes to the court and the reasons behind your modification request. If the court agrees, it will issue an order allowing the modification.
  • Decanting. This means that you move assets from the irrevocable trust into an entirely new trust.
  • Sale of trust assets. An asset may be sold to another trust or the trust can be merged with another trust that has more favorable terms.

Each method has its own requirements that must be met to be certain the changes comply with Texas law.

Contact Wills and Trusts Attorneys at The Reecer Law Firm, P.L.L.C.

Our attorneys at The Reecer Law Firm, P.L.L.C., will evaluate your irrevocable trust document to determine if changes can be made and, if so, the best method to make the changes you desire.

Our founder, Dena A. Reecer, is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. She is one of just a few attorneys who specialize in the preparation of wills and trusts. You can contact our firm online or call us at 940-382-3168 to schedule a consultation.