INHERITANCE RIGHTS IN TEXAS—HOW TO OBTAIN THEM

INHERITANCE RIGHTS IN TEXAS—HOW TO OBTAIN THEM

Background

Heirship proceeding are different from will contest.

This article deals with getting property that is yours based on an inheritance. This may occur where a person dies without a will. It can also occur where there is a will but the will leaves property to the decedent’s “children” or his “heirs” or something similar without identifying the children or heirs by name. It may occur when there is a will but someone has taken your inheritance without your knowledge or when you didn’t know about your inheritance. This is different from a will contest where you are trying to prove your inheritance.

Let us say an heir finds out that a relative died some years back and that they may have some inheritance rights. What can they do? Is the statute of limitations a problem?

This situation may arise because a child was unborn or was an infant when the facts occurred. It may be that the child is illegitimate or only recently learned through DNA who their relatives were. It can also arise when other heirs, not just children, discover their potential inheritance.

There is currently no statute of limitation on heirship proceedings if the decedent died after January 1, 2014. If the decedent died before that date, there may or may not be a limitation problem depending on the circumstances. This is complicated, involving heirship proceedings (trial brief), but there is a possibility that it can be done.

Don’t get this limitation period confused with the two-year limitation period for contesting a will. This article deals with heirship and not with contesting wills. And if the facts are in your favor and the case is properly handled the limitation of those dying before January 1, 2014 may be avoided. In a recent case, the decedent died in 1972. Her heirs didn’t file any proceedings until 2013 when they filed a suit to get their inheritance. The statute of limitations was not a problem because of the facts and how the case was handled.

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Can Parents, Siblings, Aunts, Uncles, Nieces and Nephews Inherit?

Can Parents, Siblings, Aunts, Uncles, Nieces and Nephews Inherit?

Yes!

In Texas Parents, siblings, aunts, uncles, nieces, nephews and others are heirs for the purpose of distributing the estate of the deceased if he died intestate and if the deceased had no spouse or children. Even if the deceased had a spouse but no children, the other relatives may be entitled to some of the property. The rule is, if you can’t go down the family tree, you go up then out on to the branches to determine who inherits.

If you have questions about your inheritance rights and would like to talk to an estate planning attorney or a lawyer who is familiar with inheritance and probate law to advise you about your inheritance rights, click on the “Contact Us” tab at the top.

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Can Nieces and Nephews Contest a Will

Can Nieces and Nephews Contest a Will

Yes, Nieces and Nephews can contest a will in Texas.

If you are an interested party, you can contest a will in Texas.

Whether the will contest will benefit you depends on several factors. If your parent, who is a sibling of the deceased, is still alive, then your parent would inherit everything if the will is set aside and nothing would go to you. That may be you ultimate goal, e.g., get mom or dad their rightful inheritance from their sibling. But, if your parent who is the sibling of the deceased, is not alive then you would inherit if the will is set aside.

Of course, all of this is dependent on the deceased not having any children. If the decedent has children, then the brothers and sisters and Nieces and Nephew will not inherit even if the will is set aside. The same is true to a lesser extent if the decedent has a spouse. The siblings or Nieces and Nephews would still inherit if the will is set aside but so would the wife.

If you have a question about a pending or anticipated lawsuit about contesting a will in Texas, use the Contact Us page at the top of the site to see if we can help.

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Contesting a will in Texas

Zoom type workshops?

In the age of Covid-19. we have been thinking of having monthly or bi-monthly, free, Zoom type workshops where participants discuss with us issues that are of interest to them. There would be no agenda, we would discuss areas that the participants wanted to discuss. Participants could attend by computer, tablet or smartphone.

This would be a public Zoom type meeting so nothing personal or confidential should be discussed. Just general questions. Personal or confidential questions should be asked by using the Contact Us tab above.

If you think we should start having these workshops, please leave your email so we can notify you?

We will notify you if we decide there is interest in the workshops. Thanks for letting us know.

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