Relationships Talk

Q: We live in Texas and have no children. Everything we own is community property acquired during our 25 years of marriage, and the assets we do have wouldn’t turn any heads. Is it necessary to have a will? If one of us dies, won’t everything we have automatically go to the other? Will there be any legal road bumps without a will?

A: You should definitely have a will.

What occurs when one of you dies depends on the types of assets you own. You didn’t mention whether you own any real estate, but if you do, then having a will would be useful if there is a need to put the property into the name of the surviving spouse.

Also, if you have any accounts that are not survivorship accounts, or other investments that are not payable to the surviving spouse, then a will would make it easy to get those assets into the name of the surviving spouse.

The main reason you both should have wills is because of what happens after you both have died. Keep in mind, the two of you might die together in a common occurrence. Or one of you might die, and the survivor might never get around to signing a will.

Without a will, you will be leaving the disposition of your assets up to Texas law, with your property passing to those who are considered to be your next of kin by statute. Often, these are not the people you would want inheriting your estate.

Q: I assisted my mother-in-law through probate after the death of my father-in-law. We were able to obtain letters testamentary with the assistance of the military legal office. She resides in their house, and the deed is still in both their names. She plans to live in the house for as long as she can. Since we don’t anticipate that she will sell the house, is it necessary for her to change the deed to her name only?

A: Your father-in-law’s will serves as a deed that transfers his half ownership interest in the house to your mother-in-law.

Many lawyers would have prepared an executor’s deed in conjunction with the probate, but in your mother-in-law’s situation, it probably was not necessary. When your mother-in-law decides to sell the house, a title company will have no trouble checking the probate records to determine that your mother is the sole owner of the home.

If she wants, your mother-in-law can have the property tax records changed to reflect that she is the sole owner. For instance, in Harris County she would use Harris County Appraisal District Form 2525(b), available at hcad.org. She would need to check the box to indicate there is a new owner, and she would need to attach copies of the will and the order admitting the will to probate.

The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.

Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@lipmanpc.com.