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                                     Legal Briefs
No Will Plus Step - Children Equals Trouble
BFy Kathleen Cassidy Goodman, PLLC
requently people remarry and do not realize the effect their marriage has on their estate. If you have
remarried and there are stepchildren who are now involved in your life, your and your spouse’s failure to prepared a Will or Trust could end up with consequences you never intended. It is critical for parents with children from a previous marriage prepare a Will. Most people incorrectly assume if they are married, both spouses are on the deed, and the house is community property – the living spouse automatically inherits the house. This is wrong if the deceased spouse is survived by children from a former marriage.
Under Texas law, if a spouse passes away and he or she is survived by children from a previous marriage, the real community property (the house purchased during the marriage) is divided with one-half to the spouse and one-half to the children. Similarly, community personal property is also divided with one-half to the children and one-half to the spouse. If you and your spouse commit your wishes regarding your property in a Will or Trust, you and
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As our lives change on a day to day basis, we tend to put aside what we think is not important. Estate Planning is a prime example – it is something you can always put off for a later date. When a child is born, someone moves, divorces, remarries, or loses a loved one, it is a good time to check your Will or Estate Plan to determine if changes are in order. Dramatic life changes can have dramatic effects on your estate and your plans regarding the distribution of your assets upon you death.
Be sure to contact an Estate Planning Attorney to help assist you in planning for the future.
Kathleen Cassidy Goodman is an attorney
in areas of estate planning, probate, civil litigation,
and business law. She can be reached at her office in Helotes at (210) 949-1000 or for more information, visit
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