Aerial drone shot of a residential neighborhood and community pond in Texas.

Pearland Legal Blog

Family Law & Estate Planning Attorney

When facing a family law, estate law or other legal matter, it is important to work with an experienced attorney who can help you understand your options and protect your interests. At The Powell Law Firm, we have more than 20 years of experience protecting people in Pearland, Houston and the surrounding area in Texas.

Get In Touch With Us Today

July 21, 2022

|

On behalf of The Powell Law Firm

| Family Law

Do Widows Have Guaranteed Rights Over Estates in TX?

There are few things more difficult than dealing with the loss of a spouse. Even when it is expected and planned for, there can be many legal and logistical challenges. You may be wondering: What rights do widows have over estates in Texas? The answer depends on many different factors—including whether there is an estate plan in place. In this article, our Pearland estate planning attorney explains the key things to know about the rights of widows in Texas.

A Person Has the Right to Control Their Own Estate

As a starting point, it is important to emphasize that a person can retain broad control over what happens to their own property and assets through estate planning. If a person passes away with a will and/or other valid estate planning documents—the instructions within those documents will be followed – except in very rare situations where some sort of bad action has taken place and can be proven. In other words, the rights of a widow or widower will depend, in part, on their deceased spouse’s estate plan.

A person could leave all of their personal property (separate property) directly to their spouse in the estate plan. Alternatively, a person may decide to leave little or none of their separate property to their spouse. Ultimately, Texas probate courts will follow the instructions of a valid will, trust, and other estate planning documents.

Understanding the Rights of Widows/Widowers Without a Comprehensive Estate Plan

The rights of a widow or widower can get complicated if there is no estate plan or if there is an incomplete estate plan. When a person passes away without a valid will in Texas, they are deemed “intestate.” Their estate will be handled under the Texas intestacy laws (Tex. Est. Code § 201.001). In effect, this means that Texas law will determine who gets to inherit what. Here are the key things widows and widowers should understand about intestate succession in Texas:

  • Community Property: Texas is a community property state. A widow or widower will retain all the community property under Texas intestate laws if their deceased spouse had no kids, or their deceased spouse only had kids with them. If the deceased spouse has children from another relationship, then those children would have a partial claim to the community property.
  • Separate Property: Separate property is handled differently under the Texas intestate laws. When there is no will in Texas, the widow or widower is entitled to half of the separate property and a partial life estate in the Decedent’s real property. The deceased next-of-kin (adult children, parents, siblings, etc.) will inherit the remaining share of the estate.

Get Help From Our Texas Estate Planning Lawyer Today

At The Powell Law Firm, our Texas estate planning, and probate lawyer has the professional experience that you can trust. If you have any specific questions or concerns about the rights of widows in Texas, we can help. Contact us today to arrange a completely confidential review and evaluation of your case. With a law office in Pearland, we provide estate planning services in Brazoria County, Fort Bend County, and Harris County.

Get In Touch With Us Today
Request a Consultation

To schedule a meeting with an attorney, please call 832-850-6095 or complete this contact form. We’ll be in touch with you as soon as possible.

Fields marked with an asterisk (*) are required.

Disclaimer

What Our Clients
Have To Say

  • “I wanted to take the time to thank you [John Powell III] for helping me through a tough time in my life. Your guidance and voice of reason really helped me more than you will ever know. I had a previous attorney that I felt could have really cared less about me or the situation. Once on board with you, I felt an immediate difference and I was thankful for your quick response. I could not have finished this process without you and I am glad you were able to have so much hands on time with me. Again, thank you for everything you did for me and my son!”

    (S.R.)

  • “John Powell III was very helpful through the entire process of my divorce which involved a custody fight over my 3-year-old daughter. Mr. Powell has a strong working rapport with the Brazoria County family court. He was very patient, walking me through every step, knowing what to expect from my wife's attorney. We were ultimately successful and I would highly recommend him. As for my daughter, she is doing great. She has advanced to the preschool 2 class early, she is now 3.5 and now goes to school with the 4-5 year old's. Her emotional and behavioral issues have disappeared. Thanks to Mr. Powell's hard work my daughter will have a great chance at life.”

    (K.K.)

  • “Just wanted to say thanks for handling my post-divorce property division issue in a timely and professional manner. Especially your attention to detail and some quick-witted humor as well. Your firm was referred to us by a friend which can always be somewhat awkward but you made us feel at ease through the entire process. I would not hesitate to recommend your firm to anyone if the need arises.”

    (J.B.)

  • “Dear Mr. Powell: I want to thank you for your great service and express my gratitude. I am extremely pleased how everything was handled and I have the highest possible opinion about your professionalism, the quality of your service and your attitude toward me as a client. Thank you again, best regards.”

    (M.K.S.)

  • “I had what I learned was not your stereotypical divorce case. John Powell III was extremely understanding of the situation and worked with myself and my former spouse to navigate the legal pitfalls in our, and our children's case. Everything was resolved amicably and with minimal impact to our family. Without Mr. Powell's assistance I do not know that we would have gotten to such a positive place.”

    (A.W.)

  • “John Powell III is a compassionate and thorough attorney. My case was a complex custody issue that required work in two wide-spread counties. Mr. Powell was able to efficiently overcome this added challenge. He is patient and clear in explaining concepts of the law. Even after the case was closed, Mr. Powell was available to explain the final judgment and to help ensure we were following the Judge's intent. It is very comforting to know that if additional issues arise he is there to act as my advocate.”

    (R.T.)

READ MORE TESTIMONIALS