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 [...]
Archive of posts tagged Children
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 [...]
Do illegitimate children have inheritance rights?
Before 1991, illegitimate children in Texas could only inherit from their biological parents if the parents eventually got married or if the father acknowledged the child through some authorized manner. The Supreme Court has declared unconstitutional those statutes that limit illegitimate children’s inheritance rights . However, there are still many problems for illegitimate children to [...]
What in the world is a “pretermitted child”?
A pretermitted child is a child who is born or adopted after a will is made and is not otherwise mentioned in the will. Most states have statutes that deal with this issue. In Texas, the statute provides that if the child is not otherwise provided for by the deceased parent, the child will take [...]
