The Texas Estates Code offers a number of protections for a decedent’s family through certain allowances and exemptions. The surviving spouse, adult children living in the home, minor children, and incapacitated adult children all have, to various degrees, some valuable protections that have the potential to impact the distribution and administration of an estate. An example, Texas Property Code Section 42.002(a) shields a homestead and up to $100,000 in personal property from general creditors if a decedent is survived by a minor child, spouse, or an adult child still living in the home. Where an estate does not include a homestead, the surviving spouse may request up to a $45,000 allowance from the estate. In short, allowances and exemptions under the Texas Estates Code provide a robust set of protections and benefits for the family of the deceased.
See Elizabeth Brenner, Family Protections in Probate, Texas Bar Journal: Planning and Probate Law, Vol. 81, No. 3, March 2018.
