03/03/2015
Remember when someone dies, their property immediately passes to their beneficiaries named in their Will or to their heirs at law if they had no Will. Exactly who those heirs at law are depends on the decedent's marital and family situation when he or she died. If you die without a Will, the Probate Code sets out who your heirs are and the portion of your estate that they receive. If you are single, your property will pass to your parents if they are both alive. If you have no siblings and only one living parent, then the surviving parent receives it all. If you have surviving siblings, they receive half and your parent the other half. No surviving parents? All to your surviving siblings and the children of any deceased siblings. If you are married when you die then your spouse will receive all of your interest in the community property UNLESS you have a child or children who are not the child or children of your surviving spouse. If you have a child but that child is not the child of your spouse, your surviving spouse does not receive any of your community property. It is divided among your surviving children or their children, if they predeceased you. There are all kinds of twists and turns in our lives and in our estates and as you can see you need a good guide to advise you on what is best for you in your particular situation. Give us a call here at Steve H. Evans, PLLC at 817-835-0376 or email us at [email protected] and we will be happy to help you with your planning needs.
