Married with Stepchildren? Don’t Let This Property Mistake Happen to You

FOREVER LEGAL HYPOTHETICAL

Imagine this: Jessica and Mark married in 2002. Mark brought a home into the marriage, purchased before their wedding. Jessica had two children from a previous relationship. Tragically, Jessica passes away unexpectedly—without a will. Mark assumes he will inherit the entire home. But when the estate opens, he discovers that Jessica’s children are entitled to half of the home. Shocked, Mark realizes he could have avoided this scenario with proper estate planning. Unfortunately, stories like this are more common than many married couples realize, especially in blended families. Without a will or trust, the state decides who inherits, and Texas intestacy law can produce surprising results.

Understanding Texas Intestacy Law

Texas law has specific rules when someone dies without a will, called intestate succession. The rules depend on:

• Whether the property is community property or separate property
• Whether the deceased had children from previous relationships
• Whether the surviving spouse is the parent of all children

Community vs. Separate Property

• Community property: In Texas, most property acquired during a marriage belongs equally to both spouses. This includes homes purchased after marriage, cars, income earned, and other assets acquired together.
• Separate property: Property acquired before marriage, gifts, or inheritances received individually may remain separate property.

How Intestacy Works for Community Property

If a spouse dies without a will:

• The surviving spouse keeps their one-half of community property.
• The deceased spouse’s one-half passes to their children—but only if some or all children are not the surviving spouse’s children.
• If all children are also the surviving spouse’s, then the surviving spouse inherits the deceased spouse’s half automatically.

In Mark and Jessica’s scenario, Jessica had children not shared with Mark. Texas law grants those children a legal claim to Jessica’s half of the home. Even if Mark had contributed to the mortgage, paid taxes, or maintained the home, her children would inherit her portion unless there was a will or other estate planning documents stating otherwise.

Why Stepchildren Are Often Left Out of Planning

Many couples assume that, as a stepparent, they automatically inherit the family home. Unfortunately, this is not true under Texas law. Without proper legal documentation, the surviving spouse could:

• Lose part of the home to stepchildren or biological children from the deceased spouse
• Be forced to sell the property to divide it among heirs
• Face lengthy legal battles that are emotionally and financially draining

Protecting Your Family and Assets

The key takeaway: estate planning is essential for blended families. You can protect your assets and ensure your wishes are honored by:

1. Creating a will or trust specifying exactly how property should be distributed.
2. Clearly distinguishing community vs. separate property in your documents.
3. Including stepchildren in estate plans if you intend for them to inherit or excluding
   them if not.
4. Updating documents after major life changes, like marriage, divorce, or the birth of a
   child.

At FOREVER LEGAL, we help Texas families navigate these complexities. We guide couples through community property issues, stepchild inheritance concerns, and other estate planning matters. With the right legal guidance, you can protect your family and avoid unnecessary disputes.

A FOREVER LEGAL WARNING

Don’t assume that “it’ll all go to my spouse.” Texas law prioritizes biological and adopted children of the deceased spouse over the surviving spouse when a will isn’t in place. Without proper planning, blended families risk losing control over the very assets they worked to build. Take action today. Protect your home, your estate, and your peace of mind.

To learn more, we invite you to schedule a consultation with FOREVER LEGAL by visiting our consultation page. Our mission is to deliver personalized, sophisticated advocacy designed to address your unique needs. We encourage you to stay informed about our latest insights and updates by subscribing to our mailing list. Additionally, explore our Resource Center for comprehensive, downloadable Elite Guidebooks on business law, probate and estate planning, and guardianship law.

Disclaimer: All information provided on DISCOVERFOREVERLEGAL.COM (hereinafter “Website”) is provided for informational purposes only and is not intended to be used for legal advice. Users of this Website should not take any actions or refrain from taking any actions based upon content or information on this Website. Users of this website should contact a licensed Texas attorney for a full and complete review of their legal issues.