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How is Estrangement Defined?
“Estranged” is the word that describes a person who no longer has a relationship with other family members. In heirship contests and inheritance disputes that involve estranged family members, all parties should be represented by an experienced Houston probate lawyer.
Estrangement makes estate planning tricky and may lead to a bitter legal battle if an estranged relative claims an inheritance or contests a will. If you are involved in an heirship dispute or a challenge to a will, have a Houston heirship determination attorney represent you.
What Are the Signs of Estrangement?
Estrangement can happen, sometimes unexpectedly, in almost any family. It can be expressed in several ways, including emotional or physical absence, loss of contact, or even hostility and violence. Rejected family members often suffer loneliness and depression.
Family estrangements are broken relationships between parents, grandparents, siblings, children, cousins, and other relatives. Estrangement may cause heightened stress levels, although, in abusive relationships, a victim may feel relief when the source of the stress is no longer present.
Do Estranged Family Members Have Inheritance Rights?
Estrangement does not invalidate an estranged family member’s right to inherit, but if a family member dies without a will or estate plan, estrangement can create challenging legal situations.
If a will or estate plan does not explicitly disinherit an estranged family member, that person may still have the legal right to a portion of the estate.
Estranged family members may contest a will they believe is unfair or invalid. However, their success will depend on having legitimate legal grounds to file the challenge and proving they are entitled to a share of the estate.
The legal proceedings over a contested will are usually expensive, acrimonious, and lengthy. To prevent such disputes after your death, preparing an unambiguous estate plan that accurately expresses your wishes, including any provisions for estranged family members, is essential.
When You Plan Your Estate, How Should You Deal With Estranged Family Members?
Discussing your estate plan and the reasons for your decisions with your relatives, including estranged family members if possible, reduces the potential for misunderstandings and family conflict.
You may use your will or trust to disinherit specific estranged family members. You can ask your Houston probate lawyer to add a “no-contest” provision to your will or trust. A no-contest provision disinherits anyone who contests the document’s terms, provisions, or legitimacy.
However, you should understand that no-contest clauses have significant limits. Texas courts are sometimes reluctant to enforce no-contest clauses, especially if a challenge is brought with probable cause and in good faith.
What is the Best Way to Prevent Challenges to Your Will?
The best way to prevent an estranged family member from contesting your will is to use language that makes the will impervious to challenges. Discuss your concerns with a Houston heirship determination attorney and have that attorney draft or revise your will on your behalf.
In Texas, a will must be signed by two witnesses who are at least 14 years old. Without their signatures, the will may be challenged. Other reasons wills may be challenged in Texas include:
- The author of the will was mentally incapacitated when writing and signing the will.
- The author was manipulated or intimidated into writing specific provisions into the will.
- A more recent version of the will is available.
- The will was tampered with or forged.
What Other Steps Can You Take to Prevent a Challenge to Your Will?
Comply with all of the legal requirements for a will and have your witnesses watch you sign it. This is the best way to prevent challenges to the will and verify you were not manipulated or incapacitated.
It’s best if you can openly and honestly discuss your plans for your estate with your family members. This kind of conversation, either before or after you have prepared your will, allows your loved ones to express any grievances that may need to be resolved.
Having this discussion will also provide additional evidence that you wrote and signed the will with mental clarity and clear intentions. If an estranged family member shows up to challenge the will, you will have created considerable and probably unassailable barriers to that challenge.
What Assistance Will Your Attorney Provide?
Especially if you have estranged family members who might challenge a will, you will need to consult a Houston estate planning lawyer who can help you “get in front” of any challenges. With the right solutions in place in advance, you can discourage anyone from filing a challenge.
During a probate proceeding in Texas, the court will examine the details of the decedent’s estate, ensure the payment of the estate’s debts, and administer the distribution of the remaining assets to the beneficiaries.
If you are the executor of a will or representative of an estate, you’ll have several duties: listing the estate’s assets and liabilities, paying its debts, and distributing its assets to the beneficiaries. The Hatchett Law Firm can help you fulfill those duties and provide the advice you may need.
Bring Your Estate Planning Concerns to the Hatchett Law Firm
At the Hatchett Law Firm, PLLC., a Houston estate planning lawyer can prepare the documents necessary that will be difficult for an estranged family member to challenge. We will also provide advice on how to minimize conflict during a time of transition. The Hatchett Law Firm will help you:
- understand the estate planning choices you make
- protect your properties and assets
- provide instructions to increase financial security to those you love
If you are challenging a will for legitimate reasons, not just disappointment, the Hatchett Law Firm, PLLC. can represent you in probate court. If you are the executor of a will, we will help you fulfill your duties. If you need to prepare an estate plan, the Hatchett Law Firm has over thirty years of estate planning experience.
We advise and represent clients in the greater Houston area and across the United States. We will help you protect your estate from estranged family members. Get the legal help you need and call The Hatchett Law Firm, PLLC. at 281-771-0560 to speak with a member of our team about your unique situation.
