By Stuart Evan Glass, J.D.

	Here's what happens in Texas if you die without a will [Intestate Succession]: If a person dies without a Will and is survived by a spouse and children: Separate property: The spouse receives one-third of the separate personal property and a life estate in one-third of the separate real property Remainder of the separate property to the decedent's children. Tex. Prob. Code § Community property: The surviving spouse would (i) retain his or her one-half interest in the community property and (ii) receive the deceased spouse's one-half interest if all surviving children and descendants of the decedent are also the children and descendants of the surviving spouse. If the deceased spouse has children by a prior marriage, then the deceased spouse's half interest in the community property passes to his or her children - and not to the surviving spouse. Tex. Prob. Code § 45. Guardianship for Minor Heir -- a guardian will have to be appointed to hold the estate of an intestate person that passes to a minor, until the minor becomes 18 -- another expensive Court-supervised proceeding. If not survived by a spouse or by children All property is divided according to statutory formula among the decedent's parents, brothers and sisters, and/or their descendants. Tex. Prob. Code § 38. And Finally: Dependent Probate Administration -- costly and cumbersome court-supervised administration. Unfavorable Lasting Impression -- An intestate decedent leaves his or her financial affairs in a mess.
	And here's what you can do if you write a will: Control your Property: You decide who gets your property, and when. Independent Execution of Your Instructions: Your executor needs only file an Inventory and Appraisement of your estate with the Court. There is no bond or other Court supervision. Trusts for your Beneficiaries: You can provide financial management for your minor children, or up to a later age, and create enormous tax savings. [Look at what a Bypass Trust can do.] You can provide for asset protection with spendthrift provisions in your trusts. Selection of Executor, Guardian and Trustee: You decide who will carry out your instructions, and designate a replacement. Control Tax Consequences: Your use of Bypass Trusts, and other trusts and gifts, can substantially reduce, or even eliminate Federal Estate Taxes and State Inheritance Taxes.
	Bells and Whistles Type of Will First Spouse's Death Subsequent Death Survivor's Estate Tax Outright Wills: Gross Estate $900,000 $1,800,000 Estate Tax -0­ $87,800 $87,800 With Bypass Trust: Gross Estate $900,000 $900,000 Estate Tax -0- -0- -0- Estate Tax Saving $87,800
	Additional Ideas: Annual Gift Exclusions :Up to $11,000.00 per person, $22,000.00 per couple, can be given to a trust or adult family member, which is then excluded from the donor's estate Durable Power of Attorney :You may name an "attorney in fact" to act in your behalf, if you later become disabled, or to continue acting in your behalf if you become unavailable or disabled. Directive to Physicians :You decide if your life should be artificially prolonged if afflicted with a terminal or irreversible disease. Medical Power of Attorney :You may designate an agent to make a health care decision if you are unable to do so. Anatomical Gifts :You may donate your tissues for transplant or medical research. Please remember that the law is changing all the time. The information in this page may be inaccurate by the time you obtain it. You should always consult with an attorney, familiar with probate, trusts, and estate taxation, for the most current information and lawful provisions for your will and trusts.