QUESTION
If a person without a will dies, will everything he own automatically go to his spouse?
Asked on Feb 17th, 2013 on Estate Planning - Colorado
More details to this question:
If a person from Texas dies without a Last Will and Testament, will everything automatically go to the surviving spouse?
5 ANSWERS
Edwin K. Niles
If he was a resident of Texas at the time of death, this question would be governed by Texas law. More info needed was the estate entirely community property.
Answered on Feb 21st, 2013 at 2:09 AM
You need to ask a Texas attorney. The law is different in each State and especially in a state with community property like Texas.
Answered on Feb 19th, 2013 at 1:51 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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It depends on the circumstances, and state law. In most states, in a first marriage, everything will go to the surviving spouse. If there is a prior marriage involved, then a portin may go to the children from the first marriage and the balance to the surviving spouse.
Answered on Feb 19th, 2013 at 1:51 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. Texas is a community property state. Half of property acquired during the marriage is presumed to be community property and it will pass under the intestate rules of Texas. A chart of those rules is attached.
Answered on Feb 19th, 2013 at 1:50 PM
No, not automatically. The law of intestacy in Texas will determine where the decedent's property goes other than joint tenancy or beneficiary designated property.
Answered on Feb 19th, 2013 at 1:49 PM