Garland, TX asked in Estate Planning, Real Estate Law and Probate for Texas

Q: Can I file suit for effective disinheritance in Texas?

I was born to Dick and Jane. Dick and Jane were not married and split shortly after I was born. Dick married Sue. Dick and Sue produced one child, Mary. Dick died testate leaving his estate to Sue. Sue died testate leaving her estate to Mary. As the sole heir of her parents' combined estate, falsely attested to in an heirship affidavit, Mary sold inherited land. Do I have a valid claim on this sale for Dick's one-half community property with Sue? Dick did not explicitly disinherit me in his will - he simply didn't mention me. Furthermore, Mary conveyed the inherited land based on a false heirship affidavit.

1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: If someone was left land in a will then there would be no need for an affidavit of heirship, title would be much clearer.

I suggest you consult with a probate attorney in or near the jurisdiction this took place for specific answers.

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