Page 11 - HH_8_25
P. 11

Legal BriefsWho Gets Your Home If You Pass Away Without a Will?TBy Kathleen Cassidy Goodman, PLLChe short answer is – it depends on your particular situation. Usually, everyone’s largest asset,when they pass away, is their home. When someone passes away, regardless of whether the house is paid for or if there is a mortgage, the title to the house will need to be transferred upon the death of an owner.If you pass away without a Will, a survivorship deed, or a transfer on death deed, then your property will pass according to Texas law. Texas law divides your property according to your family situation. It is not unusual for the survivors to become upset because the law is not always what people assume.In the past, the most common situation involved spouses with children from the marriage who purchased a home during the marriage. In this case, upon the deceased spouse’s death, if there is no Will, the surviving spouse is entitled to all of the deceased spouse’s interest in the home. The children do not receive any share of the home. However, an Affidavit of Heirship will still need to be prepared to provide documentary evidence of the heir’s title to the home.Many of today’s families are structured differently. If both spouses purchase a home during the marriage, but they do not share the same children (stepchildren), then there can be unexpected problems. In this situation, where a spouse passes away without a Will, the living spouse is entitled to his or her own one-half interest in the home and is also entitled to reside in the home for the remainder of his or her life. The children of the deceased spouse are entitled to the deceased spouse’s one-half interest in theHi, we’re MissQuito!We’re changing the way mosquito control works.We are ensuring a safer, more comfortable environment for you, your family, friends and your pets.What To Expect• Easy: Treatments takejust 15-30 minutes• Reliable: Each service provides up to 30 days of protection, depending on your plan• Responsive: Questions? Concerns? We are justa call away• Environmentally Conscious:Safe for pets, kids, and the planet• Women-led and Owned:Owned by Lisa, MissQuito of Helotes is built on care, quality, and community valuesMeet Lisa and Stephen, owners of MissQuito of Helotes! This women- owned, family business is dedicated to protecting what matters most: your home and family. Trust your Helotes neighbors for safe, effective solutions to keep your home comfortable and pest-free.FREE Inspections!Call Today.(210)468-8588missquito.comhome. An Affidavit of Heirship will need be prepared.Another situation involves the spouse purchasing the home prior to his or her marriage. Texas law provides that without a Will, the home will pass to his or her children. But the spouse or the common law spouse, has the right to reside in the home until he or she dies. The deceased person’s children will own the home but cannot sell it until the spouse passes away. And again, an Affidavit of Heirship will need be prepared.Kathleen Cassidy Goodman is an attorney in areas of estate planning, probate, civil litigation, and business law. She can be reached at her office in Helotes at (210) 949-1000 or for more information, visit www.bexarlaw.comGraduate Recognition: Danica FeigDBy Jill Feiganica Feig is a 2025 graduate of O’Connor High School. She is a member of the National HonorSociety and a proud Troupe 5872 O’Connor Theatre honor student.Danica has aspired to be a stage and screen actress since she was little. She is the first ever four-time Majestic Foundation Joci Awards finalist and won Best Lead Actress in a Musical in April. She made her Broadway debut in June singing “Buenos Aires” as Eva Peron in a medley at the 2025 Jimmy Awards in NYC. She will be attending the Musical Theater BFA program at Texas State University this fall, with a full tuition scholarship.Look out, Hollywood—she’s reaching for the stars!August 2025www.heloteshighlights.com 11


































































































   8   9   10   11   12