If you read the last two posts in this series, you now know that oral or nuncupative wills may be effective to transfer your testamentary property only in limited circumstances. If a Texas probate court denies your oral will into probate, you are subject to the state’s intestacy laws created for those who die without valid wills. If you die without a written will in Texas, you may be unintentionally diminishing the assets within your estate and delaying the probate process. Call our office to help you avoid unnecessary costs and delays during probate. In delaying the probate process, your beneficiaries might not be able to benefit from their inheritances as quickly as you would have liked.
The state’s intestacy statutes provide some of your descendants with preferential rights. The legal application of the state’s intestacy laws is that some of your assets may pass to unintended recipients. If you did not want your grandson who snubbed you by not inviting you to his wedding to inherit a sizable portion of your estate, better write that in your will; otherwise, he may be able to inherit your entire estate if you do not leave a surviving spouse, children or any other grandchildren. If you are a widower who would like to make special provisions for a special niece that treated you kindly and looked after you while you were ill, better put that in writing. Otherwise, your niece may not receive anything if you leave surviving children.