Blended Families: Don’t Assume Your House Goes to Your Spouse After You Die

Imagine this: Bob and Sue, a loving couple in a blended family, share a beautiful home in Texas. Bob has two kids from a previous marriage, and Sue has one. They built a happy life together but never took the time to make a will. When Bob unexpectedly passed away, Sue assumed she would automatically inherit their home. Unfortunately, Texas law may have other plans.

Under Texas laws, when someone dies without a will, their property doesn’t automatically go to their spouse. The law aims to protect the interests of biological children by ensuring they inherit a portion of the deceased parent’s estate. In blended families, this means that the surviving spouse may not gain full ownership of the home or other assets.

Instead, Texas law splits ownership between the surviving spouse and the children of the deceased. In Bob’s case, his two kids from his first marriage were entitled to a share of the house. Sue was left scrambling, unable to make decisions about the home without involving Bob’s kids. To resolve this conflict, Sue could have explored legal options. The family found themselves in conflict, struggling to decide whether to sell the house or buy out Sue’s share. Sue was heartbroken and stressed, all because Bob didn’t plan ahead.

Blended families face unique challenges when it comes to inheritance. For example, children from previous marriages may feel entitled to a larger share of assets, which can lead to disagreements. The surviving spouse may struggle to maintain ownership of the family home if they have to share it with stepchildren. Additionally, misunderstandings about who gets what can create conflicts that tear families apart during an already emotional time. If you’re in a blended family, assuming your spouse will inherit everything can create a financial and emotional mess for the people you love most. The good news? This is entirely avoidable with the right plan in place.

At our office, we help families like yours create customized estate plans to ensure your wishes are carried out. With proper planning, you can:

(1) Ensure your spouse has the right to live in the family home;
(2) Decide how to divide your assets fairly between your spouse and children; and
(3) Avoid costly and painful legal disputes.

Don’t leave your loved ones guessing or fighting over what you would have wanted. Call us today at (940) 264-3041 to schedule a consultation. We’ll help you create a plan that protects your family and gives you peace of mind.