There are many scenarios where the relationships of children are destroyed because parents failed to leave a will. Below is an example of the problems children experience as a result of parents dying without a will.
W and H each were divorcees who married each other. W and H each had children from their previous marriage. During their marriage they purchased a house on land in the state of Texas, which became their homestead. One of H’s step-children did not have sufficient credit to purchase a home solely in her name. H, in an effort to help this single step-child, signed his name as a co-owner of the real property. H nor W never made any contributions towards the purchase nor maintenance of the property which is being paid for by the step-child. W and H died within several days of each other with no will by either.
The step-child is now left with property in her and H’s name. Besides the children’s interest in decedents homestead, W’s biological children can claim an interest in this property under W, and H’s biological children are now claiming an interest in the real property the step-child is purchasing. This problem could have been averted, if W and H had left a Will and/or deeded their interest in the step-child’s property to her.
By: Barbara A. Ford, Attorney at Law; Toll Free: 1(800)792-0447; 713-402-8284.
The supreme court of Texas has now approved will forms.
TO DOWNLOAD OR COMPLETE A WILL GO TO: www.txcourts.gov/forms.