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 rights of children. If you are a child or parent of a child going through a Texas probate of an adoptive parent, and you fear you may be disinherited, it is important to contact an attorney immediately. Children may have more rights than one realizes in such matters. Having the right attorney can make the difference in such a case. Our lawyers represent individuals throughout the greater Dallas Metroplex area.
Dallas lawyers representing Texas children concerned over the probate process
If one dies without a will in Texas then their children will generally inherit an “intestate” share of the estate. Similarly, when one dies with a will, the will often provides for children to inherit. 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 they 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
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 situations listed above also bring about situations where a child may or may not inherit based on specific circumstances. This is an area of probate law which can be complex and it is advised that you contact an attorney.
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 our attorneys today.
Probate lawyers defending against wrongful claims of children in the greater Dallas area
There are also times when a child will assert a right to inherit when they have none. Our lawyers 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.