A testator’s will stated “I give all of my interest in the Crockett County, Texas, mineral interest that Occidental Permian Ltd. is presently making payments to me…” to my wife. After the testator died, additional wells were drilled on the land. Children from a prior marriage claimed that the gift to the wife was limited [...]
Archive of posts filed under the Children category.
What are the Inheritance Rights of a Spouse?
There is a movie titled “It’s complicated.” That title describes the inheritance rights of a spouse. It’s complicated because of defining who is the spouse, what property the spouse inherits and what is the status of any children. The inheritance laws are used to determine who inherits if there is no will or if a [...]
Do half siblings have the same inheritance rights as whole siblings?
The issue of who inherits when a person dies has to deal with all of the various forms of today’s families. Families may consist of parents and step-parents, brothers and sisters, step-brothers and sisters and half-brothers and sisters. This post discusses the issue of the inheritance rights of whole and half brothers and sisters or [...]
Inheritance Rights of Illegitimate Children
Inheritance laws give illegitimate children, or what the courts sometimes refer to as non-marital children, the same inheritance rights as legitimate children. The laws of inheritance determine who inherits if there is no will, if a will has been contested and denied probate or if the will does not dispose of all of the property. [...]
Inheritance Rights of Adopted Children
Generally, in Texas, adopted children have the same inheritance rights as naturally born children. That means that they inherit from and through their adoptive parents. “Through their adoptive parents” means that if the parent of the adoptive parent dies after the adoptive parent, the adopted child will inherit from the grandparent to the same extent [...]
Inheritance involving a pretermitted child
A pretermitted child is a child who is: born or adopted after a parent’s will is executed, and who is not otherwise provide for by the parent. A pretermitted child takes a share of his parent’s estate even though he is not mentioned in the will. A recent inheritance case out of Dallas dealt with [...]
In a will, when does “till she dies” mean forever?
Inheritance cases sometimes present unusual problems. A man left a holographic will. The entire will read “Last Will & testament Debbie gets everything till she dies. Being of sound mind & this is my w. last will & testament. I leave to my Wife Daphne Craigen all p. real & personal property. 12-17-99 Dalton Craigen.” Everyone involved [...]
Who can request an exhumation of a body?
Apparently, an illegitimate child can’t. The Health and Safety Code §711.004 allows a district court to order an exhumation if requested by certain people including the spouse or the children. That section may not apply to illegitimate children unless money is involved. In a case decided in 2010, the Texas Supreme Court ruled that a [...]
Does a spouse inherit all the community property if the other spouse dies intestate (without a will?)
It depends on when the person died. Prior to 1993, if a spouse died intestate who had children, his estate went to his children, not to his spouse. Of course, his spouse would have a homestead right to remain in the home but the deceased spouse’s ownership interest in the home would be owned by [...]
Who gets the money if a man names his ex-wife as beneficiary in a life insurance policy?
A husband and wife of 25 years filed for divorce. The husband agreed to pay alimony until 2001. He also agreed that he would obtain an insurance policy and name his ex-wife as beneficiary “to a portion of the proceeds on such policy in a face amount sufficient to pay the then remaining alimony payments…” [...]
