What Happens if I Do Not Make a Last Will and Testament?

People prepare last wills and trusts in order to ensure that, in the event of their death, their estate passes to the persons or organizations of their choosing. However, not everyone prepares a will before their death, and their property must be distributed according to the laws of the state. Laws governing the distribution of property when there is no will are known as “intestacy laws”.

Any person who dies without a last will or trust will have their property distributed in the same manner as anyone else in the state. These laws do not always follow the wishes a person would have for the distribution of their estate, so it is important to make sure a last will or trust is available. If you do not have a last will or trust, The Houston estate planning lawyers of Garg & Associates, P.C., can help. Contact us today at 800-242-2151 to discuss your situation with an attorney.

Intestacy Laws

Each state has its own intestacy laws, and the laws are followed according to the location of the estate rather than the location of the person inheriting. While each state has specific details that are different in their intestacy laws, the general succession of heirs is as follows:

  • First the spouse and children & their descendants will receive the estate
  • If no spouse or children, estate passes to parents
  • If parents are deceased, the estate passes to siblings
  • If no living siblings, estate goes to nieces and nephews
  • If not, any living grandparents will inherit estate
  • If grandparents are deceased, their descendants will receive the estate

Passing without a last will and testament does not mean that your assets will go to strangers, but you may wish to exercise more control over the distribution of your property and assets.

Contact Us

When a person leaves behind an estate, they want to make sure their possessions go to the people or institutions that meant most to them in life. Working with an experienced attorney to prepare a last will or trust can ensure this. To learn more, contact the Houston estate planning lawyers of Garg & Associates, P.C., at 800-242-2151.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.