Most believe that leaving a child out of an inheritance is cold. However, there are certain situations where one might desire this. In Texas, the law allows people to exclude children in their will, but how does this process work? At Fryer and Hansen, our McAllen estate planning lawyers recognize the importance of understanding some of the more complex aspects of probate law. It’s the reason why we’re ready to help.
A Change in the Law
Prior to 1991, the only way for parents to disinherit their children was to leave their assets to someone else. However, once the law was rewritten, all parents had to do was explicitly state their intention to disinherit a child in their will. It’s easy to assume disinheritance has everything to do with messy relationships, a falling out, or long periods of estrangement, but this isn’t always the case. Which brings us to our next point.
How “Need” Comes into Play
One reason parents exclude children from their will generally concerns their children’s “need.” For instance, if a child has accumulated considerable wealth on their own, the parent can choose to exclude him/her from the will in favor of children who need financial help the most.
There are also situations where a child is incapacitated and in need of more support than their siblings. When this is the case, a parent may choose to leave their assets to that child alone.
Tailored Services to Fit Your Needs
At Fryer and Hansen, we know no two situations are the same. Your family life, relationships, and expectations are unique. It’s why our McAllen estate planning lawyers work to provide the support that best fits your specific situation. Tell us your story by contacting us in McAllen today.