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Without proper estate planning, your step kids could own your home! And that is certainly not the position anyone wants to be in when grieving the loss of their spouse. But that’s how the law in Texas might apply to your family if you are a “blended family.”
The term “blended family” means a family with two spouses and children from one or both previous relationships. Due to Texas’ unique inheritance laws, estate planning is essential for blended families to prevent the step kids from owning the home!
In Texas, if someone passes away without a valid will or estate plan, their assets will be distributed according to Texas intestacy laws. For a blended family, this could mean that the surviving spouse does not receive the entirety of the estate. Texas intestate law dictates that certain assets must be divided among the surviving spouse and the deceased spouse's children from a previous relationship.
Shockingly, in Texas, the spouse doesn’t inherit the bulk of your property if you have kids from a previous marriage. Texas intestate law states that if a person dies with a spouse and children who are not the children of that spouse, the spouse keeps only 1/2 of the community property, 1/3 of your separate personal property, and the right to use your shared primary home and 1/3 of your remaining real estate for life and the children inherit everything else. This means that without a will, the step kids could own the house! It is noteworthy that the living spouse would likely have the ability to live in the shared residence for the rest of his or her life but could lose some or all ownership of that home.
Proper planning is not just ideal but necessary to protect your spouse. At the time of purchase, there are options to prevent the home from being part of the estate, such as having the home put into a trust or limited liability company. But there are benefits and detriments to both of these options.
A valid will or estate plan is another way to avoid unintended consequences, such as the surviving spouse not receiving the assets they expected or disputes among family members over inheritance.
Every family wants to ensure their needs are met – this includes after their passing. Estate planning ensures the protection of loved ones and ensures that assets are distributed according to one’s wishes. By creating a comprehensive estate plan for blended families, assets are distributed in the manner intended, taking into account the needs of current spouses as well as any children from previous marriages. This can help avoid potential conflicts and ensure that all family members are provided for in the event of tragedy.
After all, it is often that step children and step parents are at odds, especially after the death of a loved one, so the creation of an estate plan can help maintain family harmony.
SimpleLawTX understands the challenges faced by blended families and their unique needs. Our experienced team specializes in crafting customized estate plans that reflect your specific needs and desires. Whether the goal is to protect loved ones, avoid conflicts, or ensure that assets are distributed according to a plan, SimpleLawTX is here to help. Contact us today to schedule a consultation and take the first step toward securing your family's future. Feel free to contact us via our website https://www.simplelawtx.com/, phone 281-697-6678, or email contact@simplelawtx.com.
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