Family Settlement Agreements In Texas

Robert Ray

Family Settlement Agreements

Texas recognizes what are called “family settlement agreements.”  A family settlement agreement will be enforced by a court even if the distribution of the assets under the agreement differ from the distribution of the assets under the will.  A family settlement agreement is an alternative method of administration in Texas that is a favorite of the law.

Family settlement agreements in Texas may come about when the will does not treat the testator’s children equally but all of the children want to divide the estate equally.  This happens when a parent and a child are estranged at the time of the execution of the will.  The family may want most of the estate to go to a less fortunate sibling who is not doing as well financially as the others.  There may also be tax reasons to enter into a family settlement agreement.

Family settlement agreements may also be used to settle will contest and inheritance dispute cases.

To be enforceable, the family settlement agreement must:

  1. be agreed to by all of the heirs and beneficiaries;
  2. provide that a purported will shall not be probated; and,
  3. provide for a plan of distribution of the estate to replace the one in the will.

UPDATES

There are new cases all the time that clarify or change the law on inheritance disputes. Keep up-to-date by subscribing to our blog.

'

Subscribe

Recent Posts

Find Out About Contracts to Make a Will

Find Out About Contracts to Make a Will

This question usually comes up when a husband and wife make their wills at the same time. A contractual will is different from a joint will. A joint will is just one document that has the testamentary wishes of two people. It is not contractual. A contractual will can...

Effects of a Family Settlement Agreement?

Effects of a Family Settlement Agreement?

If as part of a will contests, you enter into a family settlement agreement, can you appeal the settlement if you become dissatisfied? The Dallas court of appeals has recently written on this issue and has determined that if you accepted benefits under the settlement...

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
© Copyright 2023 | All Rights Reserved.

Pin It on Pinterest

Share This