Disinheriting a family member is a sensitive and complex matter, especially in Texas. The state’s laws offer specific rules about creating a will or estate plan. While disinheriting someone may be possible, it’s important to understand the legal framework in Texas before making such a decision. Here’s what you need to know.
Disinheriting a spouse in Texas
You cannot fully disinherit a spouse in Texas without their consent. Texas law entitles a surviving spouse to a portion of the estate, regardless of what the will states. This rule stems from the state’s community property laws, which recognize that both spouses contribute to the property during the marriage. However, if a spouse agrees to waive their right to inherit, they can do so through a prenuptial or postnuptial agreement.
Disinheriting children in Texas
You can disinherit your children in Texas. To do so, you must clearly state your intent in the will. Simply leaving a child out of the will doesn’t legally disinherit them; you must explicitly mention that you want to leave them nothing. To avoid confusion or potential legal challenges after your death, it’s a good idea to be very clear in your instructions.
Texas will contests
If a family member feels they have been unfairly disinherited, they can challenge the will in probate court. Common reasons for contesting a will include fraud, undue influence, or claims that you lacked mental capacity when you created the will. To minimize the chances of a successful contest, make sure you properly draft and execute your will.
In Texas, you can disinherit family members, but you must follow the legal guidelines carefully. Working with a legal professional to draft a valid will and estate plan helps ensure your wishes are carried out smoothly.
