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What Happens When a Texas Will Doesn’t Dispose of All the Property?

Property not disposed of by will

A will must dispose of all property in all circumstances. If it doesn't, the the laws of descent and distribution will determine who gets the property.

When a person executes a will, the intention is that all of the property will be disposed of. Sometimes that doesn't happen.

In a 2019 case, 07-17-00296-CV, the testator made a will. In the will he left his half of the community to his wife as a life estate. When the wife died, he made three contingent provisions for the property to go different ways depending on the contingencies. None of the contingencies occurred.

Since none of the contingencies occurred and the will only made a disposition of the property based on those contingencies, it was determined that he died intestate as to that property after the life tenant (his wife) died.

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This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.