In Texas, all property, including cash, is classified as community or separate property based on when and how it is acquired. To determine whether an asset is community or separate property, see FAQ, What is the difference between community and separate property?
If you die without a Will in Texas, then your property is distributed based on its classification as follows: Married, with only child or children who are also the children of the surviving spouse The spouse will inherit all of the community property. 2/3 of your separate property goes to your children. The remaining 1/3 goes to your spouse. However, if the asset is real estate, it returns to your children upon the death of the surviving spouse. Married, with children from a previous marriage Your children will inherit all of your half of the community property. The surviving spouse will keep his or her one half of the community property. Your separate property will be distributed the same way as in the previous paragraph. Married, with no children Your surviving spouse will inherit all of your community property. Your separate property that is not real estate goes to your spouse. Separate real estate property goes half to your spouse, one-fourth to your mother, one-fourth to your fath
Related Questions
- In Texas, all property, including cash, is classified as community or separate property based on when and how it is acquired. To determine whether an asset is community or separate property, see FAQ, What is the difference between community and separate property?
- How is marital property classified and characterized in Texas?"
- What are the Community and Separate Property Laws in Texas?
