Having a will is always a good idea. But if you have children from a previous relationship, a will is not just helpful — it is essential. Without one, Texas law will decide how your assets are divided after your death, and the outcome is often far from what families expect or want. This issue frequently arises in blended families, where a second spouse and children from an earlier marriage may suddenly find themselves in a legal conflict over assets like the family home. Below, we explain why this happens and how to avoid it.
Blended Families Face Complex Inheritance Rules Without a Will
If you die without a will in Texas, your estate will be distributed under the rules of intestate succession set out in the Texas Estates Code, Chapter 201. Many people assume that their spouse will automatically inherit everything, especially if they have been married for decades. That is not always the case.
When a person dies intestate and has children from a previous relationship, their half of the community property does not go to the surviving spouse. Instead, it goes entirely to their children, including children from the earlier relationship. The surviving spouse retains their own one-half interest in the community property but receives nothing additional from the decedent’s share.
This becomes a major issue with real estate. A surviving spouse who expected to inherit the home may now co-own it with stepchildren, some of whom they may not have a good relationship with. This often leads to probate disputes, legal expenses, and tension during an already difficult time.
The House Is the Most Common Source of Disputes
The family home is usually the biggest asset affected by intestate succession rules. Consider a common situation: a man remarries, has children from his first marriage, and dies without a will. The house he owned with his second wife is community property. After his death, his wife keeps her 50 percent ownership, but the other 50 percent passes to his children from the first marriage.
Now the surviving spouse and the children co-own the house. The spouse cannot unilaterally sell, refinance, or transfer the property without agreement from the children. This often results in conflict, delays, or legal action. It is also a frequent reason why families contact probate attorneys after the fact, frustrated by a situation they did not see coming.
Avoid Disputes With a Simple Will
The best way to avoid these issues is to create a valid will that clearly states your wishes. If you want your spouse to inherit the house or other community property, you need to say so explicitly. A will can also allocate specific gifts to children, including sentimental items or financial assets, while still ensuring your spouse is protected.
Estate planning allows you to avoid unintended consequences and reduce the chances of family conflict. It also avoids the need for complex legal filings or property partition suits in probate court. The cost of drafting a will is minor compared to the cost and emotional toll of litigation after your death.
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