Legal Question in Wills and Trusts in Texas
In Texas, Dad died with two biological children, no will and one possible adopted child who is estranged from family. No adoption records have been discovered. The estranged has been notified and has no interest in obtaining adoption records and does not consider the deceased to be his father and wants nothing to do with the family. Can we proceed without the estranged sibling?
1 Answer from Attorneys
Possibly. I'm assuming dad died without a will. The heirs of your father can sign a family settlement agreement in which the estranged child (who may or may not be adopted) disclaims an interest in the estate. Normally, however, when a child disclaims, that child's heirs would inherit the disclaimed child's shares. I would have to get a little more information on this matter before I can figure out your objectives and how best to address them.
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