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  1. #1
    Join Date
    Feb 2011
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    3

    Default Grandchild with Predeceased Parent, Not Named in Grandparent's Will

    My question involves estate proceedings in the state of: Texas

    Background
    My mother died over 30 years ago, and 2 years ago my grandmother passed and now my grandfather recently. My mother had a sister who is named to receive his entire estate (and is the executor). My question is, do i have any rights to contest or pursue receiving some portion of the estate.
    -My mother is named in the will as being deceased, and i am not named at all

    Thank you.

  2. #2
    Join Date
    Apr 2009
    Posts
    757

    Default Re: Grandchild with Predeceased Parent - Grandparent Passed - Not Named in Will

    Except in limited circumstances in Louisiana, children (and their descendants) do not have an absolute right to inherit from their parents (or grandparents).

    My mother had a sister who is named to receive his entire estate... -My mother is named in the will as being deceased, and i am not named at all
    Exact language is crucial. But it sounds like your grandfather made the conscious decision to leave his estate only to his surviving child. That he acknowledged your mother and that she predeceased him makes it difficult to argue that he somehow overlooked or inadvertently omitted her or her descendants.

    You can certainly take the will to a few probate attorneys for an honest opinion. But, from the info you provided, the probability that there are grounds to contest does not sound like it is high.

  3. #3
    Join Date
    Feb 2011
    Posts
    3

    Default Re: Grandchild with Predeceased Parent - Grandparent Passed - Not Named in Will

    Thank you for the reply, I see what you mean.... other than him putting the incorrect birthdate for my mother, it is a very simplistic will. I had read somewhere that without expressly being disinherited there was the potential for something. The will doesn't actually include any listing of property or amounts, is this also normal in Texas?

  4. #4
    Join Date
    Apr 2009
    Posts
    757

    Default Re: Grandchild with Predeceased Parent - Grandparent Passed - Not Named in Will

    Probate law is state law. Therefore, it is almost impossible to make universally applicable statements. In addition, the answer to the type of question you are asking is not going to be found in statutes, but in case law interpreting the statutes. Generally, state statutes only provide remedies for heirs at law that are unintentionally omitted from the will. What constitutes such an omission is something that the courts have determined over time. Also, generally, acknowledgment of an heir's existence is sufficient to show that the heir was not unintentionally omitted.

    That said, from somewhere in the back of my mind, there is a memory of a decision in some state where the children of a deceased child successfully argued that they should be considered as unintentionally omitted because the will did not explicitly mention them. I may not be remembering it right. But, that is why it would not hurt to run the will past a few probate attorneys in Texas. Many will give you 10 - 15 minutes without charge for an opinion.

    The will doesn't actually include any listing of property or amounts, is this also normal in Texas?
    Well, there is no requirement that property has to be specifically mentioned in the will. And it would be quite normal if the entire estate was being left to one person or was simply being shared equally by several persons.

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