• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

The Mendel Law Firm, L.P.

Attorneys & Counselors

Call Now: (281) 759-3213

  • FB
  • TW
  • IN
  • RSS
LP Payment button
  • Home
  • Our Firm
    • About Our Firm
    • About The American Academy
    • Advantages of Working With Our Firm
    • Attorney and Staff Profiles
    • Mission Statement
    • Multimedia
    • Published Books
    • The Academy Fellow Designation
  • Services
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
      • Are You A Caregiver
      • Coping With Alzheimer’s
      • Guardianship & Conservatorship
      • Hospice Care
      • Emergency Medicaid & Nursing Home Planning
      • Medicaid Planning
      • Veteran’s Benefits
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Seminars
  • Testimonials
    • Client Testimonials
    • Representative Clients
    • Review Us
  • Resources
    • Areas We Serve
      • Baytown
      • Conroe
      • Galveston
      • Houston
      • Pasadena
      • Woodlands
      • West University Place
    • Elder Law Reports
    • Elder Law Resources
      • Galveston Elder Law
      • Houston Elder Law
      • Sugar Land Elder Law
      • West University Place Elder Law
      • Woodlands Elder Law
    • Estate Planning Resources
      • Estate Planning Checkup
      • Estate and Gift Tax Figures
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top Estate Planning Techniques
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Avoidance Tax Planning FAQs
      • Avoiding Probate FAQs
      • Business Succession Planning FAQs
      • Charitable Gifting FAQs
      • Elder Law FAQs
      • Estate Planning FAQs
      • Frequently Asked Questions for Families Without an Estate Plan
      • IRA and Retirement Planning FAQs
      • Legacy Wealth Planning FAQs
      • LGBTQ Estate Planning Frequently Asked Questions
      • Living Trusts FAQs
      • Medicaid FAQs
      • Nursing Home Planning FAQs
      • Pet Planning FAQs
      • Power of Attorney FAQs
      • Probate FAQs
      • Trust Administration FAQs
      • Trust Administration & Probate FAQs
      • Trusts FAQs
      • Veterans Benefits FAQs
    • LGBTQ Resources
    • Probate Resources
      • Houston Probate
      • Sugarland Probate
      • Woodlands Probate
      • West University Place Probate
    • Probate & Trust Administration Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Special Needs Resources
  • Contact Us
  • BLOG
Home » BLOG » Community Property and Estate Planning in Texas: Part 2 of 3

Community Property and Estate Planning in Texas: Part 2 of 3

February 15, 2012 by Stephen A. Mendel, Estate Planning Attorney

Marital property ownership rights are important for estate planning purposes. In most community property states, communal owners each own half of their property and as such, they may freely dispose of their rights as they wish while they are alive or at death. At one spouse’s death, a community property owner may not have an automatic right of survivorship to the remaining property. However, in Texas, the Texas Legislature recognized the need for flexibility for planning purposes between spouses.

The Texas Legislature amended the Texas Constitution and the Texas Probate Code. The Texas Probate Code allows spouses to enter into agreements whereby a surviving spouse has a legal right to automatically own her deceased spouse’s community property upon his death. Spouses can enter into written agreements between them giving one spouse a survivorship interest to community property. To conform with the Texas Probate Code, a written agreement must bear the signatures of both parties and must identify the subject community property. The language within the agreement must specifically incorporate specific survivorship language giving a surviving owner a right to unlimited ownership of that community property at one owner’s death.

  • Author
  • Recent Posts
Stephen A. Mendel, Estate Planning Attorney
Stephen A. Mendel, Estate Planning Attorney
Mr. Stephen Mendel is an attorney who focuses a substantial part of his practice on estate planning. Mr. Mendel’s guiding principle is to provide his clients with quality legal services tailored to each client’s specific needs and goals.
Stephen A. Mendel, Estate Planning Attorney
Latest posts by Stephen A. Mendel, Estate Planning Attorney (see all)
  • Famous Estates-Champ or Chump? Nelson Mandela - September 27, 2019
  • Famous Estates-Champ or Chump? Jane Fonda - September 13, 2019
  • Texas Trivia – Name the first of six flags to fly over Texas. - September 6, 2019

Filed Under: Estate Planning, Wills and Trusts Tagged With: estate planning attorney, will, writing a will

Other Articles You May Find Useful

  • Why It Is So Important to Update Your Estate Plan When You Divorce
  • The Type of Joint Ownership You Choose Matters
  • New Tax Proposal re: Retirement Savings
  • Staying Current on Estate Planning
  • What Is a Family Limited Partnership?
  • You Never Know: Planning for the Unexpected
  • About Stephen A. Mendel, Estate Planning Attorney

    Mr. Stephen Mendel is an attorney who focuses a substantial part of his practice on estate planning. Mr. Mendel’s guiding principle is to provide his clients with quality legal services tailored to each client’s specific needs and goals.

    Primary Sidebar

    The Mendel Law Firm

    Follow Us

    • FB
    • TW
    • IN
    • RSS

    Blog Subscription

    Plan For Your Future and Protect Your Legacy

    • This field is for validation purposes and should be left unchanged.

    HOUSTON

    The Mendel Law Firm, L.P.
    1155 Dairy Ashford, Suite 104
    Houston 77079
    United States (US)
    Phone: (281) 759-3213
    Fax: 281-759-3214

    Map

    map

    Office Hours

    Monday8:00 AM - 5:00 PM
    Tuesday8:00 AM - 5:00 PM
    Wednesday8:00 AM - 5:00 PM
    Thursday8:00 AM - 5:00 PM
    Friday8:00 AM - 5:00 PM

    Footer

    The Mendel Law Firm

    The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an
    attorney-client relationship.

    © 2021 Mendel Law Firm, All Rights Reserved. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys