The Hidden Risk in Blended Families: Who Really Gets the House in Texas?
Without a will, your surviving spouse could end up co-owning your home with your children — and not by choice.
Why Estate Planning Is Essential for Blended Families in Texas
When love brings two families together, it creates something truly special — but it can also bring legal complexity when it comes to estate planning.
If you're part of a blended family in Texas and you don’t have a will or trust in place, your loved ones may be left with unexpected outcomes, hurt feelings, or even costly legal disputes after you’re gone. Here's what every blended family needs to know.
What Happens Without a Will in Texas?
In Texas, if someone passes away without a will, the state steps in to decide who inherits their property under intestate succession laws. This process does not always align with what you’d want.
For example:
- If you're married and have children from a prior relationship, your current spouse may not inherit the full estate.
- Instead, your biological children from the previous marriage may be legally entitled to half of certain assets — including the family home — even if your spouse still lives there.
Real-World Example: The House Gets Divided
Let’s say Michael and Sarah are married. Michael has two children from a prior relationship. During their marriage, Michael and Sarah buy a house together — making it community property under Texas law.
Michael dies unexpectedly without a will.
Even though Sarah is the surviving spouse and co-purchased the home, Texas intestate law doesn’t automatically give her full ownership. Instead:
- Sarah inherits 50% of the home (her community property interest);
- The other 50% is split equally between Michael’s two biological children.
That means Sarah now co-owns her own home with her stepchildren — and any major decisions about the property (like selling or refinancing) now require their agreement. This can create tension, legal headaches, or even force Sarah to buy out their share — or worse, sell the home.
How Estate Planning Solves This
With the right legal documents in place — like a Last Will and Testament, Transfer of Death Deed, or Lady Bird Deed — you can:
✅ Choose who inherits your assets
✅ Protect your spouse and children
✅ Prevent unnecessary legal drama or disputes
✅ Keep your estate out of probate court
You can also appoint a trusted person to manage your affairs, ensure minor children are provided for, and make sure your legacy goes exactly where you want it to.
Every Blended Family Deserves a Plan
At AWA Law Firm, we specialize in guiding Texas families through smart, personalized estate planning — especially in blended family situations. We’ll walk you through your options in plain language and help you create a plan that protects the people you love.
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Call us today at 713-581-1150
📧 Or email us at
legalteam@awalawfirm.com
Let’s protect your family’s future — the way you want it.
