Legal Question in Wills and Trusts in Texas
If an individual is incarcerated in Texas, are they automatically disinherited from the will?
Asked on 8/23/11, 8:10 pm
4 Answers from Attorneys
Keith Morris
Jones Morris Klevenhagen LLP
No, unless the will provides for it.
Answered on 8/23/11, 8:12 pm
Brian Thomas
Burdette & Rice PLLC
Nope. There is no automatic disinheritance. Outside of language in the Will, as Mr. Morris points out, the only exception would be if the convict was convicted as a principal or accomplice in willfully bringing about the death of the decedent. In that very limited circumstance, the Court could impose what is referred to as a constructive trust in order to keep the murderer from benefiting from his or her criminal act.
Answered on 8/23/11, 9:34 pm
Keith Engelke
Law Office of S. Keith Engelke
If a person is convicted of a felony, they could not qualify as executor. However, they could take under the will, unless they brought about the death of the decedent.
Answered on 8/23/11, 9:38 pm