Legal Question in Wills and Trusts in Texas

We had our will drawn up a few years ago leaving everything to the surviving spouse. In the event that we die at the same time, we left everything evenly split between our 5 children or their surviving children if they are deceased (basic principle of will). Now, we have a son that has basically disowned us and are now estranged from and we would like to have him removed now. Can my husband and I just put it in writing and have two witnesses witness the change and that hold up in court? He has moved away and does not help or contribute to the family in any way (not financially speaking, just emotionally and being part of a family) and we do not feel its right that he get the same as the other children (by children I mean grown adults now). Thank you for your help with this matter.

Jo Rowell


Asked on 1/17/13, 7:40 am

1 Answer from Attorneys
David Leon David L. Leon, P.C.

To answer your question, you can do a codicil to a will, disowning your son. If you do it yourself, I can almost guarantee that you will have problems after your death. Codicils to wills are inexpensive--if you're going to do it, please do it in a law office. You're not going to be around to explain your situation, and if you muck up the execution ceremony, the codicil is likely to be invalidated.

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Answered on 1/17/13, 8:30 am


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