"If you don't kill these snakes, they will only get bigger."

Almost every person who owns a home in Texas could benefit from probate planning. Even a simple will with sound elements can greatly reduce the cost and the pitfalls that are often seen in families who fail to have a probate plan.

Example: Many assume that even without a will, the surviving spouse will inherit the home and have control over the title to and proceeds of any sale of the home at the time of the death of the "first-to-go."

Not true.

Under Texas law, only 1/2 of the title to a community property house will not go to a spouse without a will stating otherwise. The children and/or blood kin of the deceased spouse will become full owners of the other 1/2 of the title and right to any proceeds of sale. This can create sad and costly problems even in the best of family relations.

A will, however, can avoid this problem (and several other unseen "snakes" in Texas probate law) at very reasonable costs and can totally avoid large fees for court controlled administration of estates in probate.

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The information in this website is for informative use only and not meant to take the place of an attorney. We suggest if you have questions or concerns, hire an attorney.