How you own your property is just as important as what you own. The way an asset is titled determines how it transfers at death — and it can override everything in your will.

Texas is a community property state, which makes understanding property titling especially important here.

Community Property: In Texas, most assets acquired during marriage are owned equally by both spouses — 50/50 — regardless of whose name is on the account or whose paycheck funded it. At death, each spouse owns their half and can leave it to anyone they choose. Community property also comes with a full stepped-up basis for the entire asset, not just the deceased spouse's half.

Separate Property: Assets owned before marriage, or received during marriage as a gift or inheritance, are typically separate property owned outright by each spouse.

Joint Tenancy with Right of Survivorship: The surviving owner(s) automatically inherit the deceased owner's share — regardless of what the will says. Tenancy in Common: Each owner holds a percentage share they can leave to anyone in their will, with no automatic survivorship right.

A beneficiary designation or joint tenancy agreement will always override your will. If your will says one thing but the title says another, the title wins. Reviewing how your assets are titled is an essential step most people skip. Reach out to Fan Law Office to review your situation.