Texas law, explained
The short answer
Texas law does not require a will, but for a parent it does most of the work that matters. Without one, the Texas Estates Code decides who inherits, and a court decides who manages what a minor child receives. A will lets you name a guardian for your minor children, choose who manages their inheritance, and decide how property passes in a blended family. John B. Polk, a Dallas family lawyer, prepares simple wills, trusts, powers of attorney, directives to physicians and HIPAA authorizations.
What happens if you die without a will in Texas
If you die without a will, the Texas Estates Code decides who inherits, regardless of what you would have wanted. The rules turn on whether you were married, whether you have children, and whether your children are also your spouse's children.
- Married, all children are with your spouse: your share of the community property goes to your surviving spouse (Texas Estates Code § 201.003).
- Married, with a child from another relationship: your half of the community property goes to your children, not your spouse.
- Your separate property, with a spouse and children: your spouse receives one-third of your personal property and a life estate in one-third of your land; your children receive the rest (§ 201.002).
- Not married: your property generally passes to your children.
For parents, the bigger gap is often not money but people. Without a will, you have not named who should raise your children if you are the surviving parent, and you have not chosen who manages what they inherit. A minor cannot manage inherited property, so a court-supervised guardianship of the estate can follow.
Naming a guardian and protecting your children's inheritance
Yes, you can name a guardian for your children in your will. Under Texas Estates Code § 1104.053, a surviving parent may name a guardian of the person of the parent's minor children by will or by written declaration. The court must appoint that person unless the person is disqualified, has died, refuses to serve, or would not serve the children's best interest.
The choice matters most when you are the surviving parent. While the other parent is alive and has parental rights, that parent normally continues raising the children.
A simple will is enough for many families. A trust becomes useful when you want someone you choose to manage money for your children until an age you pick, when you do not want an ex-spouse to control what your children inherit, or when a blended family needs property to reach the children of a first marriage. A trust can be created inside the will itself, so it takes effect only at death, or set up during your life.
Documents you need besides a will in Texas
A will covers what happens after death. A complete plan also covers what happens if you are alive but cannot act for yourself. John prepares these documents:
- Will, with a guardian for minor children and, where needed, a trust for them
- Trust, for families who want property managed over time
- Durable power of attorney, naming someone to handle money and property if you become incapacitated
- Medical power of attorney, naming someone to make health care decisions when you cannot
- Directive to physicians, stating your wishes about life-sustaining treatment
- HIPAA authorization, so the people you choose can speak with your doctors
Some assets do not pass by will at all. Life insurance, retirement accounts and accounts with a payable-on-death designation go to whoever is named on the company's form. Those forms should match the plan in your will.
Why a family lawyer for your will
Yes, a family law attorney can prepare your will after a divorce, and John B. Polk prepares simple wills, trusts, powers of attorney, directives to physicians and HIPAA authorizations. Family law and estate planning meet at the moments that change a plan: divorce, remarriage, a new child, a custody order. John B. Polk has practiced family law in Dallas for more than 25 years. He prepares the estate documents at the same time he sees how a decree, a marital agreement or a custody arrangement affects them.
Blended families benefit most from that view. A plan may need to provide for a new spouse while protecting the children of a first marriage, coordinate with a prenuptial or postnuptial agreement, and account for what a divorce decree already requires, such as life insurance for child support.
The cost depends on which documents you need, whether a trust is involved, and how complex the family and property picture is. John gives a quote for your documents at the consultation. For a large or complex estate, John can tell you when an estate planning specialist is the better fit.
What happens when you hire John
- 1
Consultation
You tell John about your family, your property and what worries you. He explains which documents fit and what a will cannot do.
- 2
Choices
You choose a guardian, an executor, any trustee and your agents. John points out where a decree, prenup or beneficiary form affects those choices.
- 3
Drafting and review
John drafts the documents and walks you through them in plain words. You ask for changes before anything is signed.
- 4
Signing
You sign with the witnesses and formalities Texas requires. John explains where to keep the originals and when to review them.
I highly recommend John for anyone going through a divorce. He was always available to give advice and strategize. I interviewed many firms big and small but chose John because of his experience and personal touch. He was very responsive. I felt like he was truly invested in making sure that I had the best outcome possible, and I believe that I did. Call John if you want a great lawyer who treats his clients like family.
Questions people ask
Do I need a will if I have children in Texas?
Texas does not require one, but for most parents a will is the main way to name who should raise your children if you are the surviving parent and who should manage what they inherit. (A guardian can also be named in a separate written declaration.) Without a will, the Estates Code decides who inherits, and a court decides who manages a minor's property. A will also lets you leave property in trust instead of to a child outright.
How much does it cost to have a simple will prepared in Dallas?
The cost depends on how many documents you need, whether a trust is included, and how complex your family and property are. A single simple will is less work than a plan with a trust and powers of attorney for two spouses. Ask John at the consultation for a quote on your documents.
What happens if I die without a will in Texas?
The Texas Estates Code decides who inherits. If you are married and all your children are also your spouse's, your community property share goes to your spouse; if you have a child from another relationship, your half of the community property goes to your children. Separate property is split between spouse and children by fixed shares.
Can I name a guardian for my children in my will?
Yes. Texas Estates Code § 1104.053 lets a surviving parent name a guardian of the person for minor children by will or written declaration. The court must appoint that person unless they are disqualified, deceased, unwilling or not in the children's best interest.
Do I need a trust or is a simple will enough?
A simple will is enough for many families, especially when property is modest and the children are adults. A trust helps when minor children may inherit, when you want money managed until a certain age, or when a blended family needs property to reach specific children. A trust can be written into the will so it starts only at death.
What documents should I have besides a will in Texas?
Most adults also need a durable power of attorney, a medical power of attorney, a directive to physicians and a HIPAA authorization. These cover the time you are alive but cannot make decisions. Also review the beneficiary forms on life insurance and retirement accounts, because those assets do not pass under the will.
Can a family law attorney prepare a will after divorce?
Yes. John B. Polk prepares simple wills, trusts, powers of attorney, directives to physicians and HIPAA authorizations. After a divorce, a family lawyer can draft them while checking what the decree requires, such as life insurance for child support.
Who can help with wills and estate planning for a blended family in Dallas?
Look for a lawyer who understands both estate documents and family law, because blended-family plans often depend on prenups, divorce decrees and custody orders. John B. Polk is a Dallas family lawyer who prepares wills, trusts and powers of attorney with those pieces in view. Contact the office to set a consultation.
