October 06, 2025

Why Every Texan Needs a Will: Avoiding Intestacy and Protecting Your Family

When Hurricane Harvey hit Texas, thousands lost their homes and had their lives upended overnight—reminding everyone how quickly circumstances can change. Disasters don’t wait for us to get our affairs in order, and tragedy can strike without warning. In the aftermath, families without clear legal instructions often struggle to access assets or manage property. Waiting to create a will leave your loved ones exposed when they need support most.

Estate planning is a vital tool for Texans who want to ensure their family’s security, no matter what life brings. A valid will keeps your intentions clear even during times of chaos or loss. At Villeda Law Group, our skilled estate planning attorneys in McAllen, TX help clients prepare for the unexpected, offering guidance that stands strong in any storm. Our goal is to give your family certainty and comfort when it matters most.

What Happens If You Die Without a Will in Texas?

When a Texan dies without a valid will, the law calls this dying “intestate.” In these cases, the Texas Estates Code strictly controls who inherits property and who manages the estate. Intestacy laws do not consider personal wishes, close friendships, or unique family situations. Instead, only legally recognized heirs, such as spouses, children, parents, and sometimes siblings, can inherit. Unmarried partners, friends, stepchildren, and non-relatives are excluded completely, no matter how close those relationships might have been.

Legal consequences of intestacy:

• Loss of Control – The state, not you, decides who gets your home, business, or personal possessions.
• Potential for Family Conflict – Without clear instructions, disputes often arise among surviving family members.
• Delays and Expenses – Probate proceedings without a will are typically slower and more expensive, draining time and resources from your loved ones.
• No Guardianship Planning – If you have minor children and no will, the court decides who will raise them—possibly not the person you would have chosen.

For blended families, intestacy laws can be especially harsh. For example, if you are married with children from a previous relationship, your current spouse and children could end up splitting your estate in a way you never intended. To avoid these problems, working with an experienced estate planning lawyer in McAllen is critical.

The Essential Protections a Will Provides

A will is much more than a simple statement of who should inherit your property. When properly drafted, a will offers a broad range of protections that go far beyond just naming beneficiaries. Before diving into the specific protections, it’s important to know that these are only fully realized when your will is drafted in compliance with Texas law by attorneys in McAllen with the knowledge and skill to address your unique situation.

Here are the most significant protections your will provides:

• You Decide Who Inherits

• • • With a will, you—not the state—choose who receives your property, savings, heirlooms, or even your pets.
    • You can also exclude individuals who would otherwise inherit under Texas law if that reflects your wishes.

• You Appoint Guardians for Minor Children

• • • Parents can nominate a trusted person to raise their children in the event of their death. Without this, the court is forced to choose, sometimes selecting a guardian the parent would not have approved.

• You Name an Executor

• • • The executor is responsible for handling the estate—paying debts, distributing assets, and carrying out your wishes. A will lets you select someone you trust, avoiding unnecessary confusion or disagreement.

• You Reduce Family Disputes and Legal Delays

• • • Clear instructions will prevent misunderstandings among surviving relatives and help probate move forward smoothly and efficiently.

• You Plan for Special Circumstances

• • • A will allows you to set up specific instructions for beneficiaries who may need extra protection, such as minor children, relatives with disabilities, or those facing financial or personal challenges.

• You Support Charitable Causes

• • If you want to leave a legacy gift to a charity, church, or non-profit, a will is the only way to make this legally binding.

No matter how straightforward or complex your family structure or financial situation, these protections are only guaranteed with a properly drafted will. DIY documents and online forms often fail to address Texas’s unique legal requirements, making guidance from a qualified will attorney in McAllen, TX essential.

How to Ensure Your Will is Legally Valid in Texas

Preparing a will is a profound act of care for your family and your legacy. By partnering with Villeda Law Group, you ensure that your intentions are honored, your assets are protected, and your loved ones avoid the hardship of intestacy. Every Texan deserves the confidence and clarity that comes from a legally sound estate plan. Let our attorneys in McAllen, TX put their decades of experience to work for you. Reach out to us today and take the first step toward peace of mind.