willthumbnailThe short answer is yes. If you don’t have a will, your estate will go to your heirs as determined by statute. That may be what you want but what if you are married and have children from a prior marriage. If you die without a will, your property, including your home, will go to your heirs, not you spouse!

Texas has community property. That means that what ever was acquired during marriage is half yours and half your spouse’s. If your home was community property, your half would go to your heirs, not your spouse! He/She would retain his/her half but the other half would not be owned by him/her. The same thing would happen to your other property. Because of this, you need to have a will so that you and not the state can determine who gets your property. Simple wills are inexpensive and everyone should have one.