Some states have “pretermitted spouse” statutes. These statutes protect spouses who are unintentionally omitted from a will made before the marriage. Under these laws, if a person marries after making a will that doesn’t include their spouse, the surviving spouse may inherit a share of the estate—often equivalent to what they would receive under intestacy laws had there been no will at all.
Texas Law on Preexisting Wills and Marriage
Unlike other states, Texas does not have a pretermitted spouse statute. In Texas, marriage does not invalidate a valid will created before the marriage. This means if you create a will before getting married and want your new spouse to inherit any part of your estate, you must update your will after marriage. Failing to do so could result in your spouse being excluded from inheriting assets specified in the will except as protected by other laws.
Constitutional Protections for Spouses in Texas
Even without a pretermitted spouse statute, Texas law offers spouses certain constitutional and statutory rights. These include:
1. Community Property Rights: Texas is a community property state. Assets acquired during the marriage are generally owned equally by both spouses.Upon one spouse’s death, the surviving spouse retains their share of community property.
2. Homestead Rights: Surviving spouses in Texas are entitled to occupy the marital homestead for the rest of their lives, regardless of what the will specifies.
3. Family Allowance: Texas law allows surviving spouses to request a family allowance to provide financial support during estate administration.
Importance of Updating Your Will
If you marry after creating a will, updating your estate plan is crucial to ensure it reflects your current wishes. This can help:
- Provide for your spouse in a manner consistent with your intentions.
- Prevent legal disputes or unintended exclusions of your spouse or other beneficiaries.
- Ensure proper distribution of separate and community property according to your desires.
Final Thoughts
Planning ahead is vital to protecting your loved ones and ensuring your wishes are honored. Consult an experienced Texas estate planning attorney to review and update your will and other estate planning documents after major life changes, such as marriage. This proactive approach can help avoid unintended consequences and provide peace of mind.
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