frequently asked questions

Who are my heirs if I die without a Will and who gets my property?

The answer to this question could be simple or complex depending on the nature of the property you own and the makeup of your family when you die. For example, to keep things simple, let’s assume you have only been married once, you are still married to your spouse, and all children are shared with your spouse. Any separate property (see FAQ explanation of separate versus community property) which is real property would go to your children but your spouse would get a life estate in 1/3 of the real property if they survived you. Separate property which is personal property would be divided 1/3 to your spouse, if they survived you, and 2/3 to your children. Assuming the same family situation above, community property, both real property and personal property would go to your spouse if they survive you.

Let’s assume you have had more than one marriage and children from outside the marriage to your current spouse when you die. In this case, your surviving spouse would get 1/2 of the community property, both real property and personal property, and your children would get 1/2 of the community property, both real property and personal property.

Beyond the above illustration, it can get much more complex which is why it is so important to have an estate plan in place. Having a plan allows you to direct where your property goes when you die and makes the process so much easier for the people you leave behind.

If you need help with planning your estate, call the Law Office of Roy Neal Linnartz, PLLC at 830-625-9300 to schedule an appointment.