The right of inheritance is confusing to many people. Some people assume that they have the right to property from an estate because of their relationship with the person who died. In some cases, they may be correct.
The law in Texas does protect the right of inheritance in certain specific scenarios. Does an adult child of an individual who recently died have a right to inherit?
Rights depend on whether there is a will or not
There is only one relationship that automatically entitles an individual to an inheritance under Texas state law. Spouses are subject to community property laws. Regardless of whether an individual established an estate plan or not, their spouse typically has a right to inherit from their estate.
Individuals who attempt to disinherit their spouses usually don’t succeed. The courts may allow a disinherited spouse to claim their statutory right of inheritance regardless of the terms included in a will.
Children do not have that same protection. If a parent drafts a will, they have the right to choose who inherits from their estate and what they receive. They could disinherit their children in favor of a new spouse or your grandchildren. They could leave property to one of their children but not to the others. They could leave all of their children an inheritance but create a very unbalanced overall division of assets.
All of those decisions are theoretically permissible so long as the will is valid. The only scenario in which the state protects the rights of an adult child to inherit from an estate is when the parent does not have a valid and enforceable will.
What if the parent died intestate?
Someone who dies without a will has died intestate. Texas state statutes determine what happens with their property. Typically, children and spouses have the strongest right of inheritance in such cases.
Texas has affirmed that illegitimate children born out of marriage have the same right to inherit as the children born into a marital relationship. The courts have also affirmed the rights of adoptive children to inherit in the same manner as biological children of the decedent. If a parent dies without a will or if their will is invalid, then their adult children share the estate with one another and with any surviving spouse of the deceased parent.
Understanding the rules that govern estate administration and the rights of those related to a decedent can help people know what to expect. Those who question the validity of an estate plan or believe their exclusion from documents was unintentional may have grounds to contest an estate in some cases.
