Dis-inheriting an adopted child

[gintod60]

My niece lives in Tx and both her and her sister were adopted. Their mother passed away one and 1/2 years ago and the father immediatly moved in another woman and told his daughters he is leaving everything to the new woman whom he did not marry. He passed away yesterday and the question is ..even tho the girls are now grown, can you legally do what this father has done which is legally dis-inherit adopte children?

 

[Betty]

HI. If the father had a will, his estate would be distributed (after expenses) as he indicated (to whom he indicated). Unfortunately (if he did) he had the right to disinherit his adopted children- children can be disinherited also that are not adopted & can be left out of a will. If the father had no will, his estate (after expenses) would distributed per the Tx. Intestate Succession Law. Betty edited to correct spelling of my name - Betty

 

[BlondiePB]

can you legally do what this father has done which is legally dis-inherit adopte children?

The children's names MUST appear in the will and MUST be specifically disinherited. Wait 30 days, then check for a probate file, and obtain a copy of the probate file.

 

[OHgurl2002]

Good Advice from Posters...

everyone has given you good advice... the only other thing to consider is that if the father had no will, his girlfriend won't get a thing. (I am going on Ohio law and there may be inconsistencies). When a person dies intestate without a spouse, but with children (biological OR adopted - adopteds are treated as biologicals for purposes of law), the estate is divided between the children. If the a person dies intestate with a spouse (who is not the parent of his children) and children, BOTH receive a portion. I've never heard of including a g/f in intestate succession.

 

[Betty]

Blondie - it is my understanding even in Tx. that a child (adopted or not) can be left out of a will & assets of will (after expenses, etc.) will go to the person named in the will to receive them -- even a girlfriend. I believe though that sometimes children contest & if it is decided the children were left out inadvertently, they would get share of proceeds. I understand the best thing to do when wanting to disinherit children from the will is to name them in the will & leave them a very small amt. of money. (rest to who you want to have your assets) If there is no will in this case we have here, children would share proceeds - nothing to girl friend - intestate succession law would apply. Thanks Betty P.S. Have a good evening. )

 

[BlondiePB]

Blondie - it is my understanding even in Tx. that a child (adopted or not) can be left out of a will & assets of will (after expenses, etc.) will go to the person named in the will to receive them -- even a girlfriend. I believe though that sometimes children contest & if it is decided the children were left out inadvertently, they would get share of proceeds. I understand the best thing to do when wanting to disinherit children from the will is to name them in the will & leave them a very small amt. of money. (rest to who you want to have your assets) If there is no will in this case we have here, children would share proceeds - nothing to girl friend - intestate succession law would apply. Thanks Betty P.S. Have a good evening. )

The children's father died yesterday. There has not been enough time here to determine whether or not there is a will. All the OP (original poster) has stated is "say-so". Also, look up Pretermitted Heir (spouse & children).

 

[Betty]

The children's father died yesterday. There has not been enough time here to determine whether or not there is a will. All the OP (original poster) has stated is "say-so". Also, look up Pretermitted Heir (spouse & children).

Blondie, I did read Pretermitted Heir (spouse/children) -- that is why I said it is best to put the children in the will that you want to disinherit & just give them a very small amt. of money so they know you didn't inadvertently leave children out of will. That is what I found -- is maybe the info I read not complete (I checked several places) & children entitled to some of estate even if not in will - the info I read said you could leave them out but they may contest. Bertie

 

[BlondiePB]

Blondie, I did read Pretermitted Heir (spouse/children) -- that is why I said it is best to put the children in the will that you want to disinherit & just give them a very small amt. of money so they know you didn't inadvertently leave children out of will. That is what I found -- is maybe the info I read not complete (I checked several places) & children entitled to some of estate even if not in will - the info I read said you could leave them out but they may contest. Bertie

When a testator wishes to leave a child/children nothing, not even a small amount, the testator still must name the child/children in his/her will and specifically state that the child/children is/are intentionally being disinherited. Intentionally being disinherited by name(s) is the key to Pretermitted Heir.

You call yourself Bertie?

 

[shell007]

When a testator wishes to leave a child/children nothing, not even a small amount, the testator still must name the child/children in his/her will and specifically state that the child/children is/are intentionally being disinherited. Intentionally being disinherited by name(s) is the key to Pretermitted Heir.

You call yourself Bertie?

100% AGREE based on personal experience. The child/children must be named specifically in the will to be disinherited. Any other scenario leaves a lot of room for contesting the will.

 

[Betty]

When a testator wishes to leave a child/children nothing, not even a small amount, the testator still must name the child/children in his/her will and specifically state that the child/children is/are intentionally being disinherited. Intentionally being disinherited by name(s) is the key to Pretermitted Heir.

You call yourself Bertie?

First off re name - sometimes Bertie -- should have signed it Betty (forgot)-just started using web site last week & under name Betty -- I forgot where I was for a moment - sr. moment I guess.
I did do some add'l. checking & found one place where it did say as you indicate - say it in will that you want to disinherit a certain child or children --that would make the most sense. Betty (got it right this time)

 

[divgradcurl]

When a testator wishes to leave a child/children nothing, not even a small amount, the testator still must name the child/children in his/her will and specifically state that the child/children is/are intentionally being disinherited. Intentionally being disinherited by name(s) is the key to Pretermitted Heir.

You call yourself Bertie?

Blondie,

Where in the TX code is it required that heirs be specifically disinherited? I'm not saying it's not the case, but there are few states that require specific disinheritance. It may be a good idea to do so to avoid contests, but it's typically not legally required.

This isn't a pretermitted heir situation. Pretermitted heirs in TX, as with most other states, means an heir that was born or adopted AFTER the will was written, and was not otherwise provide for. See TX probate code Sec. 67(c). If the father wrote or revised his will AFTER the children were adopted, they cannot be pretermitted heirs.

But you are right, if there is no will, the adopted kids will take under TX intestate rules.

 

[BlondiePB]

Blondie,

Where in the TX code is it required that heirs be specifically disinherited? I'm not saying it's not the case, but there are few states that require specific disinheritance. It may be a good idea to do so to avoid contests, but it's typically not legally required.

This isn't a pretermitted heir situation. Pretermitted heirs in TX, as with most other states, means an heir that was born or adopted AFTER the will was written, and was not otherwise provide for. See TX probate code Sec. 67(c). If the father wrote or revised his will AFTER the children were adopted, they cannot be pretermitted heirs.

But you are right, if there is no will, the adopted kids will take under TX intestate rules.

Thanks, divgradcurl. I read that and something else in TX code that apprears to conflict with 67(c). That's just another reason why attorneys, like you, are hired.

 

[Betty]

Yes, thank you divgradcurl for clearing things up. Betty