Frank thought the hard part was over.
His divorce had finalized six months earlier. The custody schedule was set. His business had survived the property division. He had even started dating again, hoping to rebuild some version of normal for himself and his two boys.
Then one rainy Saturday night, it all fell apart.
Frank was killed in a car accident on Highway 114. He was 43.
At the time of his death, Frank had no Will. No Power of Attorney. No written instructions about guardianship, assets, or life insurance. And that is when the second wave of heartache began.
The legal mess that followed changed everything.
Frank’s ex-wife, still the boys’ surviving parent, became their sole guardian again—but this time, she also petitioned to manage the assets Frank left behind. That included money from a life insurance policy, ownership in his business, and the house he had bought after the divorce.
Because Frank died without a Will, Texas intestacy laws applied. That meant the Court—not Frank—decided what happened next.
His sister, who had helped raise the boys and lived nearby, wanted custody. His business partner was left scrambling. His parents were heartbroken not just by the loss of their son, but by the chaos it created.
What Could Have Been Done Differently?
One thing: a simple Will.
If Frank had executed a basic Will after his divorce, he could have:
- Named a guardian for his children, in case his ex-wife was unavailable or unfit
- Specified how his assets should be distributed—including gifts to his boys, his sister, or even a trust
- Chosen an executor he trusted, rather than forcing his family to fight over control
- Directed what would happen to his share of the business
- Avoided confusion, infighting, and costly court battles
Instead, everything went through probate. The family argued. The business stalled. And the children’s future became a legal question, not a personal one.
Why Divorce Is a Trigger for Estate Planning
Divorce changes everything. It creates a new legal identity—separate property, new beneficiaries, changed insurance policies. But it also creates gaps.
After divorce, many people forget to:
- Update their Will (or create one for the first time)
- Change their Medical Power of Attorney or financial directives
- Reassign beneficiaries on life insurance, bank accounts, or retirement plans
- Appoint a guardian for minor children in case something happens to both parents
The result? When tragedy strikes, the people left behind are stuck navigating outdated documents or worse—no documents at all.
What Texas Law Says
In Texas, if you die without a Will (called dying “intestate”), your estate is distributed based on state formulas—not personal wishes. If you are divorced, this can get complicated quickly, especially if you have children from multiple relationships, own a business, or have remarried.
Without a Will, you do not get to:
- Choose who handles your affairs
- Decide who raises your kids
- Protect your assets from unintended recipients
- Ensure a clean, efficient distribution
This is not just about money—it is about control, clarity, and care for the people you love!
Why It Matters Now
Frank never thought it would happen. No one does. But accidents, illness, and sudden tragedies happen every day. The time to prepare is not when life gets scary—it is when things feel stable.
After your divorce is finalized, your lawyer should always ask: “Do you have a Will?” If not, it is time to fix that. At Anderson Legal Group, we walk you through the process quickly and efficiently—without legal jargon, without confusion, and without delay.
Whether you want a full estate plan or a simple Will to cover the essentials, we make it easy to protect what matters most.
Frank’s story is a hard one. But it does not have to be yours.
Call us today to create or update your Will. Do it for the people you love. Do it while you still can.