Legal Question in Wills and Trusts in Texas
Heirship
My father recently passed away in the state of Texas with no will. He has three legal children and one step-child. We all are in agreement to split the entire estate four ways as we know that is what our father would have wanted. One sibling has a civil judgement against her and we fear this will effect her receiving her inheritance. Is there a way possible that only the two siblings can claim heirship (the other legal heir simply remaining silent) allowing them to obain a 50/50 share and then distributing the estate four ways amongst themselves (all are in agreement)? In other words, can an heir choose not to make a claim of heiship against the estate. It is a simple estate of only a home valued at about 90k.
1 Answer from Attorneys
Re: Heirship
There is a way to do this. I strongly suggest you see an attorney who can help you with this. It's one of those solutions not apparent to a layman, but should spring off the page to an experienced attorney.