Dallas Attorneys Dealing With Adopted Children Claims During A Texas Probate

Many do not realize that disputes regarding children occur during intestate probates. While biological children born during a marriage will typically inherit, there are several circumstances where disagreements arise over the status and rights of children. It is important to contact an attorney immediately if you are an adopted child or parent of an adopted child going through a Texas probate u fear being disinherited. Children may have more rights than they realize in such matters. Having the right attorney can make the difference in such a case. Our Dallas lawyers represent individuals throughout the greater DFW Metroplex area.

Adoption with family cutout

Contact Us Today

Dallas lawyers representing Texas children concerned with the probate process

When one dies with a will, there is often a provision for children to inherit. Similarly, if one dies without a will in Texas, the law provides that their children will generally inherit an “intestate” share of the estate. Disputes arise, however, when there is an issue over whether one is actually the decedent’s “child” within the letter of the law. Situations where there may be a dispute over a child inheriting include:

  • When a child is adopted either formally or informally (adoption by estoppel)
  • When there are foster children or stepchildren
  • When a biological child has been adopted by another family
  • Children born posthumously
  • When a child was born out of wedlock
  • When a child is born during a marriage
Young couple with baby

The effects of these situations vary. Foster children or stepchildren, for example, are not entitled to inherit under Texas intestacy laws while a biological child, even though adopted by another family, would be. Similarly, an informal adoption (adoption by estoppel) can be established based on certain facts. Some of the circumstances listed above also bring about situations where a child may be excluded from an estate. For instance, questions of paternity, children born during a previous marriage, or blended families may face challenges during the heirship determination. With so much at stake for the child in question and other potential heirs, such issues can become contentious and are often hotly disputed. This is an area of probate law which can become complex and it is advised that you contact an attorney as soon as possible to protect your rights.

Our Dallas probate lawyers have represented many children who wish to establish their inheritance rights. We will immediately explain the law in this area and will file any necessary documentation which would establish one’s rights. Such documentation may be proof of paternity or prior orders of a Court showing that paternity was otherwise established. We make probate our business so that you can focus on the more important business of living your life. Contact us today.

Probate lawyers defending against wrongful claims of children in the greater Dallas area

Judge slamming gavel down

There are also times when a child will assert a right to inherit when they have none. False claims such as these can adversely impact legitimate heirs and can delay the resolution of the decedent’s estate. Our lawyers vigorously defend against such claims as part of determining the heirs during a probate. If you are preparing to open a probate, and you believe there may be additional claims brought by a child, then contact our attorneys today. We service the greater Dallas area and assist people in Plano, Frisco, McKinney, Denton, Fort Worth, Garland, Irving, Austin, Houston, San Antonio, Nacogdoches, Lufkin, and Center, as well as the rest of Texas.