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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35364
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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Can an estranged parent in Texas disinherit a minor child

Customer Question

Can an estranged parent in Texas disinherit a minor child age 12, and if so, by what means?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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When you say "disinherit" do you mean can the parent ensure that the child doesn't take anything from the parent's estate if they pass away?

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Or are you referring to a situation where the parent gives up their legal rights to the child?

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thanks

Barrsiter

Customer: replied 1 year ago.
Currently the divorced father is paying child support. He is terminal, and does not want to leave an inheritance to his minor children. I am preparing a joint trust for him and his fiancee. Should they marry? The assets of the trust will be common to both grantors. I suspect the surviving grantor/trustee will have to make support payments. No problem there, only with the possibility of leaving additional assets to the children.
Customer: replied 1 year ago.
I have to leave for a dinner appointment in 5 minutes, but would appreciate a message later or tomorrow morning. Perhaps we can speak then.Thanks
Expert:  Barrister replied 1 year ago.

If the father wants to make sure that the children don't inherit, then he just needs to ensure that he has a will in place setting out his specific directives as to who he wants to inherit his estate. If he has a trust, then any assets in the trust would descend according to the trust terms.

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The child would be entitled to come after the estate for any child support arrearages, and after that the child would then be entitled to Social Security Survivor benefits. Texas family law provides that future child support payments survive the death of the person who has to pay (“obligor”). So the custodial parent could petition the probate court for continuing child support payments.

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So if the parent left the child out out their will intentionally and also out of any trust, then they wouldn't stand to inherit from their estate at all but the estate could still be liable for future child support payments.

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thanks

Barrister