Legal Question in Wills and Trusts in Texas

Inheritance question

I am wondering if I am legally entitled to some portion of inheritance in the case of my biological fathers death. He has 3 sons including myself (I am the youngest), but with two different women. 2 sons are with his current wife and 1 with my mother. I spoke to him several years ago, but he left after I was born and had nothing to do with me. I live in Texas and he lives in North Carolina and he has never made any attempt to see me or invite me up there. With that being said, if I am entitled to inheritance from him, I want to make sure he knows I get something one way or another when he is gone.

Asked on 7/15/08, 2:40 pm

2 Answers from Attorneys

James Grissom Law Office of James P. Grissom
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Re: Inheritance question

No. You are not necessarily entitled. Many children are written out of their parents will. Key phrase being "written out". Your existence must be acknowledged and specifically state in the will that you get nothing. Wait and see what the will says. Good Luck.

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Answered on 7/15/08, 3:08 pm
Cheryl Rivera Smith The Smith Law Firm
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Re: Inheritance question

There is no automatic "entitlement." However, if your father dies without a will, you may be an heir at law under the laws of intestate succession. If there is a will, Dad's wishes will be carried out pursuant to the terms of the will.

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Answered on 7/15/08, 4:54 pm

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