The process of disinheriting a child is a legal right in Texas, but it must be handled with care to prevent the will from being challenged in court. Simply omitting a child from a will is a risky strategy that can be easily contested, so a more deliberate and explicit approach is required.
Why Not Just Omit a Child?
Failing to mention a child in a will can be a major problem. Texas law operates under the assumption that if a child is not mentioned, it was likely an unintentional oversight by the person creating the will. This is known as a pretermitted heir, and they may be able to successfully petition the court to receive a share of the estate. The legal system seeks to protect children who might have been accidentally left out due to a mistake or a simple memory lapse.
The Best Practice: Be Explicit and Direct
The most effective way to disinherit a child is to explicitly state your intention in the will. The best practice is to name the child directly and then state that you are intentionally making no provision for them. For example, a will might include a clause that says, "I have five children, and I expressly make no provision for my son, John Doe." This clear language leaves no room for ambiguity or claims of accidental omission, making it much more difficult for the disinherited child to challenge the will.
What About the "Dollar" Trick?
Some people believe that leaving a disinherited child a token amount, such as one dollar, is a necessary or effective way to disinherit them. This is a common misconception. The idea behind this tactic is to prove that the child was not forgotten, but it is not a requirement under Texas law. In fact, leaving a token amount can sometimes be counterproductive. The recipient of the dollar may be entitled to receive all the legal notices and paperwork related to the probate process, making them an active participant in the estate administration and giving them more opportunities to cause trouble. The simplest and most legally sound method remains the explicit disinheritance clause.
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