Legal Question in Wills and Trusts in Texas

if you had great granparents that had purchased land and stated that this land was not to be divided between the heirs so it wasn't. after their passing left the land to their heirs.

your grandparents left the land to their heirs. your parent in return decides to disinherit certain members of her immediate family form inheriting the land is this valid. there was no will from great grandparents or grandparents. but when my parent died she disinherited people from land that wasn't solely hers. in her will she expressed that she wanted her executor to inherit her portion of the land.

is this legal and binding?


Asked on 10/19/11, 4:52 pm

1 Answer from Attorneys
Brian Thomas Burdette & Rice PLLC

Following your question was a little tough, but I think I get the bottom line. For the sake of clarity, I'm just going to pretend that the "disinherited" individual is you. Your mother received an interest in real property as a result of her parent dying without a Will. In turn, your mother wrote a Will that left her interest in the real property to someone other than you. You want to know if your mother could do this.

Of course she can. You're using the word "disinherit" as though there is some obligation owed by your mother to you when it comes to your inheritance. There isn't. Texas has no forced heirship, and an individual can leave their estate to a spouse, their children, one child, a neighbor, the church, and so on. The fact that your great-grandparents might have wanted something different has no impact on the outcome.

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Answered on 10/20/11, 8:38 am


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