When someone dies and they own property in Lampasas County or anywhere else in Texas, that property passes through either “testate” or “intestate” succession. “Testate succession” means that the person who passed away (the decedent) had a will. “Intestate succession” is when the decedent did not have a will. When this happens, property has to be divided up among specified relatives according to the proportions defined by Texas state law. The divisions can be OK for people with extremely simple familial relationship, for example people who have only married one person, purchased all property during marriage, did not inherit any property from others, and had children only from and during the marriage. But for many, many people, the rules made up by Texas lawmakers do not fit the reality of the decedent's situation. We recommend that people have a will made at an attorney’s office—even if the will leaves property in the exact same proportions that intestate succession defines. There are some good reasons for this:
This blog post only applies to the laws of Texas. The post may or may not match your individual situation. Be careful not to treat it as specific legal advice, as it may not meet your individual needs. It may give you a solid basis for discussion with your own attorney. You should consult with your personal attorney before you take any action on this or any legal issue. Also, please be aware that laws change, so this column is valid only as of the date it was published. This communication does not create an attorney-client relationship between the author and the reader. Comments are closed.
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Martin Millican Cooley PLLC
Attorneys in Lampasas, Texas specializing in litigation, civil cases, wills, trusts, estates, probate, real estate, business law, family law, & general practice. Archives
September 2017
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