The Woodlands, TX estates & probate attorney Robin L. Apostolakis discusses what happens to your assets if you die without a will. In Texas, when an individual passes away without a will, the state of Texas intervenes to determine the distribution of assets. Unfortunately, this default arrangement may not align with an individual’s preferences, particularly in the context of a blended family. Generally, in cases where there is no blended family, assets typically pass to the surviving spouse. However, the situation becomes considerably more complex if a blended family exists, especially if there are children from a previous marriage. In such cases, the community property of the marriage may be allocated to the children from the previous marriage. Moreover, if there are children both from within and outside the current marriage, all of these children have a claim to inherit, while the surviving spouse may not receive a share of the community property.