Legal Question in Wills and Trusts in Texas

Writing child out of will

I have two brothers that have borrowed a lot of money from my mother and haven't paid it back. In addition, neither brother has spoken to my mother in years. Since she feels like they have gotten their portion of her estate how does she write them out of her will without it being contested in court? Is she required by law to leave them something?

Asked on 12/23/01, 9:17 am

3 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Writing child out of will

Jay Printz's response is pretty much on target. The language should clearly explain why the children are being left out, and also have the "no contest" clause. My preference is to also leave them a nominal sum, say $10, along with the explanation.

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Answered on 12/24/01, 10:56 am
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Writing child out of will

Texas does not make her leave them something. If she wants to assure they do not contest the will then leave them enough money, and if they contest the will they get nothing! call our office if you have any more questions.

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Answered on 12/23/01, 9:46 am
Jay Printz Law Office of Jay D. Printz, PLLC

Re: Writing child out of will

Texas law allows for the express exclusion of potential hiers in a will, including children. The language must be explicit and should be drafted by an attorney to assure accuracy. In addition, no contest clauses may be incorporated into a Texas will, and will usually be effective if drafted properly.

This is my opinion only and does not constitute legal advise. An attorney/client relationship is not formed by this response.

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Answered on 12/23/01, 9:56 am

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