Read about the inheritance rights of children in Texas
Published by Robert A. Ray
– Robert Ray
Children in Texas Inheritance Law
- Biological Children Inherit.
- Adopted Children Inherit.
- Children in Non-parental Care may Inherit.
- Illegitimate Children Inherit.
If a person leaves a valid, non-contested, will, the will determines who inherits the estate. If there is no valid will, then the Texas law of Descent and Distribution determines who inherits. The law favors children. This page provides the reader information about the inheritance rights of children. As you will see below, we discuss the inheritance rights of natural born, adopted and even illegitimate children. There is also a discussion about the inheritance rights of pretermitted children, those born after a will is made by their parent and are not otherwise provided for. And a discussion about those children who were adopted by estoppel or those children who were raised by someone but who were never formally adopted.
Inheritance rights determine who gets property when a person dies intestate (without a valid will.) If there is a valid will that disposes of all of a decedent’s property, then the valid will determines who gets the property. Sometimes, wills are not valid and are contested. Other times, the valid will does not dispose of all of a persons property. In that case, the laws of inheritance rights come in to play for the property not disposed of by the will.
If you have a question about a pending or anticipated lawsuit concerning your rights as a child, use the Contact Us page at the top of the site to see if we can help. Let’s work together!
Articles on Inheritance Rights of Children
Heirship proceeding are different from will contest. If more than four years have passed, it may be difficult, but may not impossible, to gain the inheritance that someone else has that should be the heirs. This is complicated, involving heirship proceedings but there is a possibility that it can be done.
In Texas, an illegitimate child inherits the same as any child. The problem is proving paternity if the child is not acknowledged.
Texas recognizes informal adoptions, referred to as adoption by estoppel. An informal adoption is similar to a common law marriage in that no formal legal proceedings are involved.
What are illegitimate child rights to inheritance in Texas?
For the purpose of inheritance, there are natural children, adopted children, and children adopted by estoppel, also called equitable adoption. What do these terms mean? Natural children are, of course, the children born to the parent. Adopted children are children...
In Texas, when a child is adopted, he becomes the child of his adoptive parents. He inherits from and through them. That means that the adopted child will inherit from the ancestors of the parent who adopted him as well as from the parent. There is no difference based...
A pretermitted child is a forgotten child who takes a part of their parents’ estate even if not mentioned in the will. This is a form of forced heirship which Texas does not normally have.
As an easy starting point to learn about the inheritance rights of children, the following list is provided: The inheritance rights of natural children; The inheritance rights of adopted children; The inheritance rights of children born after a will is made; and The...
In Texas, when a child is legally or formally adopted, they inherit to the same extent as natural children. A formal adoption is where the court system is involved. A suit for adoption is filed. Then, in some cases, the state investigates the adopting parents to...
Natural children are the biological children of their parents. This article discusses the inheritance rights of those children. In Texas, in general, children inherit the estate of their parents if there is no valid will. The spouse of the parent will also inherit a...
Who and What we Are
Let Us Help You.
In the DFW area