No one wants to think about dying, but the fact is it is one of life's only guarantees. Have you thought about what you want to happen to your house when you pass away? Many people die without ever creating a will. In legal terms, it's called dying intestate. In such cases, the state decides who will get the property because there is no instruction given in the form of a will. This causes confusion and unrest for your loved ones. Keep the following information in mind if you want to make the inheritance process go smoothly for your family.

Inheritance Law for Spouses and Children

According to state law, one inherits at least part of their spouse's property if they are legally married. Texas recognizes both ceremonial and common law marriages, so long as those in a common law marriage meet the state requirements. When it comes to children, both legally adopted and illegitimate children have the same inheritance rights as natural children.

There are two types of property - community property and separate property. Community property is acquired over the course of a marriage and typically include real estate. Separate property is acquired either before or outside of the marriage. If a person dies without a will, the law says the following regarding community property:

1. If there is a spouse and children, the spouse gets the property so long as all children are theirs biologically.

2. If all children are do not belong to the living spouse, the children of the deceased are entitled to one half of the property.

3. If there are no children, the property goes to the spouse.

What Happens When no Spouse or Children are Involved?

Things are a little more complicated if a person doesn't have a spouse or children. First off, all property falls under 'separate property' since one can only have community property if they are married. The typical rule of thumb is if you can't go down someone's family tree to find a beneficiary, you go up and out. Here's the process:

1. If both the deceased parents are alive, the property is split equally among the father and mother.

2. If only one parent is alive, one half goes to the parent and one half is split up among siblings. The entire property goes to the living parent if there are no siblings.

3. If neither parent is alive and the deceased has living siblings, the property is divided equally among them.

4. If there are no surviving parents or siblings, one half of the property is split among paternal kindred, and the other is split among maternal kindred.

You can avoid this headache for your loved ones by creating a will. Be specific about what you want to happen to your house, or it will most likely have to be sold to divide the property.

Columnist Marion Franke, Keller Williams Conroe/Lake Conroe, brings more than 35 years personal experience to the task of leading a 10-person team of agents and support staff. To learn more, visit her website or call her office at (936) 647-4400.