In Texas Probate Law, is it legal for the will of a parent of an adopted child to state that the parent is leaving nothing for the adopted child as they have received their share of the estate while the parent was alive without listing what the child has or has not received?
State/Country relating to question: Texas
Hello,Thank you for using JA. Yes, in TX a parent is under no legal obligation to make provisions in their will for a child, biological or adopted, if they choose not to. The intent to disinherit a child should be clearly stated in the will. Although the reason for disinheriting is not mandatory, it is typically a good idea so there is no doubt it was intentional. But there is no requirement that the parent specifically list anything they have given the child over their lifetime..
If you need further help please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more". This is considered a negative rating against me.
Just reply to me via the “CONTINUE CONVERSATION” or “REPLY” button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.
Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.
. Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.
Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.
12 yrs estate law, real estate. Wills/Trusts/Probate
So essentially what you are saying is that the law makes it legal for a parent of an adopted child an orphan abandon them even in their death. Makes me wonder the motives of why anyone would adopt a child if their intent was to abandon them in the end. I understand that you do not write the laws, and that you just interpret them to help people like myself understand them better. But wow... just utterly amazing. I do however feel that I was essentially stricken from his will due to the influence of my sister, of whom has become the sole beneficiary of my fathers estate.
Unfortunately yes. I can't even begin to say I understand how a parent could disinherit a child who had done nothing to the parent, but people often do incomprehensible things..I wish I had better news..
I wish I had the ability of telling you this whole story. Because trust me, if Hollywood ever got a hold of this story I would have to say the movie Mommy Dearest would look like Child's Play out in a sandbox. The story I have that surrounds this, would make your head spin, would make a lot of peoples heads spin because it has made mine spin many times and for many years. Being left out of my dads will just puts another nail into coffin so to speak as I question myself as to why I continue to carry his name. The emotional duress, the mental torture, the physical abuse of which I went thru, of which I escaped early in life. I was stripped from my natural family, and according to my biological father essentially kidnapped at age 2. Anyways... I thank you for your input, I at least now know that I have taken the final emotional ride by my adopted family and its been done legally got to love those Good Old Boys and their self serving laws down in Texas.... just another reason why I left there and never had any desire to call it home again.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).