The Basics of Texas Intestate Succession Law - Part I
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-- Estate Planning - U.S. Estate Planning --
U.S. Estate
Planning
The Basics of Texas
Intestate Succession
Law - Part I
Gerry W. Beyer
Monday 19 September 2005
Résumé :
The Reasons Most Texans Die Intestate and Historical Background
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The Basics of Texas Intestate Succession Law - Part I
The ability to specify the new owners of property upon death is an important and powerful privilege
that each state grants to its citizens. The odds are, however, that you have not executed a will and if
so, you would be in good company. Many famous and wealthy people have died intestate including
President Abraham Lincoln and Texas billionaire Howard Hughes. Surveys reveal that between
60-75% of Americans die intestate. Intestacy causes the decedent's property to pass to those
individuals whom the state government believes the decedent would have wanted to receive the
decedent's probate estate upon death. None of the decedent's family members or friends are allowed
to present evidence to show that the decedent actually wanted his or her property to pass to them or
to a charity. This article provides an introduction into the operation of Texas intestacy law.
I. Reasons Most Texans Die Intestate
Why do so many Texans fail to take advantage of their ability to write a will and control how their
property is distributed upon death?
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A. Lack of Property. One of the most commonly cited reasons people do not have wills is that
they own very little property. There are, however, very important reasons for everyone, even
persons with limited estates, to have a valid will. For example, the surviving parent of a minor
child has the ability to nominate a guardian for the child's person and property in the parent's will.
This is better than forcing the court to make the selection because the court may choose a
person the parent would not have wanted to control the child's personal or financial affairs.
Another reason to hav