Planning for Married Couples

Serving Families and Individuals throughout Houston, Texas and the Surrounding Areas

Marriage brings with it a host of new rights and responsibilities. When you say “I do,” you gain certain legal protections that single individuals do not have – but those protections are more limited than most people realize. Many married couples assume that because they are married, they automatically have the right to make decisions for each other, access each other’s accounts, and inherit each other’s property. Unfortunately, that is not always the case.

Misconceptions About Spousal Decision-Making

One of the most common – and most dangerous – misconceptions is that a spouse can automatically make financial and medical decisions for the other spouse in the event of incapacity. While Texas law does give a spouse certain limited rights in medical emergencies, those rights are far from comprehensive. Without a properly executed power of attorney, your spouse may not have the authority to manage your bank accounts, access your retirement funds, sell real property, or make important financial decisions on your behalf. And without a medical power of attorney and advance directive, your spouse’s ability to make health care decisions for you may be limited, delayed, or challenged by other family members.

The Probate Process

If one spouse passes away without a will, the surviving spouse may find themselves in probate court. While Texas community property laws do provide some protection for the surviving spouse, they do not guarantee that the surviving spouse will inherit everything. In fact, if the deceased spouse had children from a prior relationship, the surviving spouse’s share of the community property may be significantly reduced under Texas intestacy laws. Separate property – property owned by one spouse before the marriage or acquired by gift or inheritance during the marriage – is treated differently still, and the surviving spouse may receive only a fraction of the deceased spouse’s separate property.

Intestacy Laws and Your Marriage

Texas intestacy laws are designed to provide a default distribution scheme when someone dies without a will. For married couples, the distribution depends on whether the property is community property or separate property, and whether the deceased spouse had children.

If all of the deceased spouse’s children are also children of the surviving spouse, the surviving spouse typically inherits all of the community property and a significant share of the separate property. However, if the deceased spouse had children from a prior relationship, the surviving spouse’s share of the community property is limited to their own one-half interest, and the deceased spouse’s one-half passes to the children. The surviving spouse’s share of the separate property is even more limited in this scenario.

The Risk of Disinheritance

Without proper planning, a surviving spouse may be at risk of being effectively disinherited – not by intention, but by default. This is especially true in situations involving children from prior relationships, significant separate property, or complex asset structures. A properly drafted estate plan ensures that both spouses are protected and that the surviving spouse has the resources he or she needs to maintain their standard of living.

How We Can Help

At The Stegall Law Firm, we help married couples throughout Houston and the surrounding areas create coordinated estate plans that address their unique circumstances. This includes drafting wills or trusts that clearly express each spouse’s wishes, establishing powers of attorney and health care directives for both spouses, coordinating beneficiary designations on retirement accounts and insurance policies, and ensuring that the titling of assets is consistent with the couple’s estate planning goals. We also help couples address more complex issues such as asset protection, tax planning, and planning for blended families. Whatever your situation, we can help you create a plan that protects your family and provides peace of mind.