Grief is hard to bad to bear and traumaizing especially without any financial security or legal standing for the loved ones left behind by the deceased. The surviving spouses and children may find themselves facing not only emotional loss but also the uncertainity about their inheritance, property ownership, and ongoing financial support. Texas probate law addresses these concerns by granting specific rights to those most affected by the death of a family member. These rights serve as a safety net, ensuring that surviving family members are not left vulnerable, especially during the initial stages of probate.
When a loved one passes away, their estate enters the legal process known as probate, where assets are identified, debts are settled, and remaining property is distributed according to a will or, if none exists, according to state laws. In Texas, special legal protections are in place to ensure that surviving spouses and children receive some rights and considerations during probate. Having a good knowledge of these rights is important to sail what can be an emotionally and legally difficult time.
In this blog post, we’ll discuss the key rights that Texas law give to surviving spouses and children of the deceased.
Rights of Surviving Spouses and Children in Texas Probate
1. The Homestead Rights
Texas law provides robust protections for the family homestead. A surviving spouse has the right to occupy the homestead for life, regardless of whether the property was separate or community property. Minor children may also have occupancy rights, though these generally cease when they reach adulthood.
This right is not conditional on ownership, meaning a surviving spouse can continue to live in the home even if the title was in the deceased’s name alone.
2. The Family Allowance
Texas law provides for a family allowance to support the surviving spouse and dependent children for up to one year after death. This is intended to help the family maintain a standard of living during the probate process. The allowance is paid from the estate before debts and distributions to other heirs or beneficiaries.
3. The Exempt (Set Aside) Property
Certain types of property are considered exempt under Texas probate law and are set aside for the surviving spouse and children. This generally includes household furnishings, vehicles, and some livestock or farm equipment. These assets are not available to satisfy the decedent’s debts and are passed directly to the family.
4. The Community Property Rights
Texas is a community property state, meaning that assets acquired during the marriage are generally owned equally by both spouses. Upon death, a surviving spouse typically retains their one-half interest in the community property, while the other half is distributed according to the decedent’s will or state intestacy laws.
5. The Intestate Succession
If a person dies without a will, Texas intestacy laws determine who inherits their estate. A surviving spouse and children are the primary heirs. The specific division depends on factors such as whether the property is community or separate and whether there are children from other relationships.
For example:
- If all children are from the marriage, the spouse may inherit all community property.
- If there are children from outside the marriage, the decedent’s half of community property may go to those children, not the spouse.
6. Creditor Exemptions
Following death, both the homestead and certain personal property of the decedent is exempt from and therefore passes free from most creditor claims. If the decedent is survived by a spouse, minor child, or adult child living in the home, his or her homestead and up to $100,000 in personal property specified under the Texas Property Code
The Order Of Inheritance In Texas
The rules for inheritance are codified in Chapter 201 of the Texas Estates Code in what are called the Rules for Descent and Distribution. Who gets what is based on whether the deceased was married, had children, and whether they had any other surviving family members.
In Conclusion
The death of a family member brings many challenges, but understanding your rights as a surviving spouse or child can bring clarity and security. When disputes over wills, inheritance rights, or property distribution arise, having knowledgeable legal representation is crucial to protect your interests and ensure fair treatment under Texas law. Whether it’s retaining the family home, receiving necessary financial support, or ensuring rightful inheritance, Texas law provides important protections during probate.
If you are going through probate or need help asserting your rights, it’s wise to consult with a probate attorney who familiar with Texas law. Proper guidance can ensure that the legal process honors the rights and intentions of all family members involved.
For Consultation
At the Law Firm of Udo Ezeamama, our probate litigation attorneys specialize in resolving inheritance conflicts, contesting invalid wills, defending against improper claims, and sailing complex estate administration issues. We advocate vigorously for heirs, beneficiaries, and executors, using our knowledge of Texas inheritance laws and extensive experience in the probate Texas courts.