Legal Question in Wills and Trusts in Texas
can a adopted child be disinhertiged from a
I am an only AND ADOPTED child. I foune out my mother left everything to a church in her will. I was recently told by a friend that an adopted chile could not be disinherited from a will. The reason beig that '' children she might have by regular birth may have been accidental where as an adopted child was a deliberat and planed act. Is this correct or not? She also has dementia is this relevant. Thank you.
2 Answers from Attorneys
Re: can a adopted child be disinhertiged from a
A person can make anyone or any entity the beneficiary of their will. The dementia issue is relevant to her testamentary capacity. This would require expert medical testimony to contest that she did not have the required mental capacity to understand that she was leaving all her property to the church without including her adopted child. Is your mother deceased? Call me if you want to contest the will.
Re: can a adopted child be disinhertiged from a
An adopted child has exactly the same legal standing as a natural born child. They can be disinherited by specific name and language. If the 'disinheritance' is simply that your name wasn't mentioned, you are in a position to take as if there was no will.
If you were her only child and not mentioned in her will, you get everything. Get a lawyer to challenge the will under those circumstances.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
