Trick or Treat? What Happens to Your Kids Without a Will

Oct 21

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Halloween is upon us, and while you're busy picking out costumes and stocking up on candy, I want to talk about something a little scarier than ghouls and goblins—what happens to your kids if you don’t have a will?

Imagine this: Halloween night arrives, and your kids are ready to go trick-or-treating, but instead of running door-to-door for candy, they’re stuck trying to figure out what’s going to happen to them because you never made a will. Creepy, right? Well, that’s a real-life horror show too many families face. Let’s dive into why every parent needs a will (and trust me, this is one Halloween treat you don’t want to skip).

Trick: No Will, No Control (Cue the Chaos)

Without a will, you’re leaving your kids' future up to chance, or even worse, to the state of Texas. That’s right—if you don’t specify your wishes in a legally valid will, a Texas probate court will decide who raises your children, how your estate is divided, and even who manages your kids’ finances. And trust me, a courtroom is a lot scarier than any haunted house!

State judges will strive to make decisions in a child's best interest when determining guardianship, but the reality is that courts lack personal knowledge of the child and the family dynamics. This makes it challenging for them to truly know what is best and there’s no way to ensure the children will end up in the care of the person their parents would have chosen.

Without a will, your family could end up in a legal spider web, trying to figure out who should be your child’s guardian. It’s a mess no one wants to clean up. Think of it like a bad Halloween prank—eggs thrown at your house, toilet paper in your trees—but instead of a weekend cleanup, it's a legal battle that could last for months, if not years.

What happens to kids without a will? In short, confusion, uncertainty, and sometimes fights among family members who may all want to step up. This isn't a "good kind" of surprise like an extra king-size candy bar in the treat bag—it's more like a rock where the candy should be. Without a will, you lose control of critical decisions about your children, leaving the courts to determine what's best for them. And the scariest part? The court's decision might not align with your wishes.

Treat: A Will Equals Certainty and Security

Now, let’s talk about the treat. A will provides certainty and security—like knowing that full-size candy bars are waiting at your favorite neighbor’s house. When you have a will, you have the ultimate say in who will care for your children if something happens to you.

By designating a guardian, you ensure that someone you trust will raise your children according to your values and parenting style. Whether it’s your best friend or a close family member who shares your beliefs, wills for young parents guarantee that your little ghosts and goblins will be cared for by someone who knows and loves them.

Not only that, but a will lets you outline how your assets will be managed for your children. You get to appoint someone to manage their inheritance responsibly, like someone who knows how to hand out treats in moderation instead of dumping the whole candy bucket into their pillowcase.

Without a will, the court could appoint someone you don’t know—or worse, someone you wouldn’t trust. A will keeps those skeletons safely in the closet, avoiding family disputes, and ensures that your children's future is handled the way you want it to be.

Trick: Probate Court Nightmares

Let’s face it, no one enjoys paperwork, especially not when you’re dressed as a superhero trying to wrangle trick-or-treaters. But let me tell you, the paperwork the probate court demands if you don’t have a will is way worse.

The Texas probate system can be a real-life monster when it comes to handling estates without a will. If you pass away intestate (without a will), your family could be stuck in probate court longer than it takes to eat an entire bag of Halloween candy. Not to mention, it’s expensive! Without a will, your estate will be divided according to Texas law, which might not reflect your wishes or your family’s unique situation.

If you pass away with or without a will, you will have to go through probate. With a will though, at least you will have a say in how your property is distributed and who will take care of your kids. If you want to avoid probate entirely, a living trust might be all treat and no tricks for you.

Treat: A Plan for Both Short-Term and Long-Term Care

Creating a will doesn’t just take care of the long-term future; it can also address immediate concerns. What if you and your spouse are in a car accident and temporarily unable to care for your children? Who steps in then?

A will lets you make both short-term and long-term plans for your children, giving you the flexibility to appoint backup guardians for those just-in-case moments. Think of it like adding extra glow sticks to your kids’ trick-or-treating bags. You’re lighting the way, ensuring that your kids won’t be left in the dark, no matter what life throws your way.

Special Considerations for Children

When a parent passes away without a will, the court may need to make different decisions depending on the type of relationship with the child. Here are a few scenarios:

Adopted Children

Under Texas intestate succession laws, adopted children have the same inheritance rights as biological children. The legal process of adoption ensures that the adopted child is treated as the parent’s natural child, regardless of biological connection. However, when a child is adopted, the biological parents lose their legal rights, which means the adopted child is no longer entitled to inherit from their biological parents' estate if they die without a will.

Stepchildren

Stepchildren do not automatically inherit from a stepparent’s estate under intestate succession laws. Stepparents who want to provide for their stepchildren need to either legally adopt them or include them in their will. Otherwise, the court is unlikely to consider stepchildren when dividing the estate of a deceased stepparent.

Estate Planning Tricks and Treats

Estate planning doesn’t have to be as spooky as it sounds. It’s a treat you give your children—a way to protect them and ensure their future is safe and secure. And for parents, knowing that your children will be cared for no matter what? That’s the sweetest treat of all.

So, why every parent needs a will? Because nothing is scarier than leaving your children’s future up to chance. Avoid the tricks that come with not having a will, and instead, give your family the treat of security and peace of mind.

Call to Action: Secure Your Family’s Future with Reyna Law

At Reyna Law, we specialize in wills for young parents and families who want to protect their children’s future. We know that estate planning can seem intimidating, but it doesn’t have to be. Let us guide you through the process, making sure your family is taken care of with the same attention you’d give when checking your kids’ Halloween candy haul.

Don’t wait for a ghostly surprise. Contact us today to create your will and give your family the gift of certainty and peace. After all, it’s better to treat yourself now than to be tricked later.

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