Legal Question in Wills and Trusts in Texas

If I have no relationship with my biological father would I be entitled to any of his estate after he dies? He is married with adopted children.

Asked on 3/24/13, 8:46 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

We need to know what "no relationship" means.

Does this mean that he doesn't call you on your birthday? Or does it mean that paternity was never established?

If paternity has been established (or if he was married to your mother, which also establishes legal paternity), and he dies without a will, you will inherit from him. However, he can make a will that leaves everything to Jennifer the Maid, and you get nothing.

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Answered on 3/24/13, 9:06 am
David Leon David L. Leon, P.C.

You don't have to have a relationship with a parent to be an intestate heir (i.e. an heir who would get part of the estate in the event that there is no will.) If you are the child, and there's no will, then you would be entitled to a share. (I'm assuming there's no contest that you're the child.) If there is a will, then the will would control, and the parent could cut you out.

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Answered on 3/24/13, 1:14 pm

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