Can I Disinherit a Family Member in My Texas Estate Plan?

 Posted on April 17, 2025 in Estate Planning

Deciding who gets what after you pass away can be one of the most emotional and complicated parts of estate planning. Sometimes, that decision includes leaving someone out entirely. Whether it is due to strained relationships, financial responsibility, or deeply personal reasons, the choice to disinherit a family member must be handled carefully. By working with a Texas estate administration lawyer, you can ensure your intentions are clearly stated and legally upheld.

Is Disinheriting a Family Member Legal in Texas?

Texas law allows you to disinherit most family members if you clearly state your intentions in a valid will. Texas is a community property state, which means that spouses have some protected rights, but for the most part, you have the legal right to leave your property to anyone you choose.

Can I Disinherit My Spouse?

Texas Estates Code § 201.003 grants spouses certain rights to community property, which is property acquired during the marriage, excluding gifts or inheritances. Even if your will attempts to disinherit your spouse, he or she may still have a right to:

• His or her one-half share of community property

• Homestead rights

• A family allowance or exempt property under state law

So, while you can disinherit your spouse from receiving any separate property or your half of community property, he or she may still be entitled to some protections unless a valid prenuptial or postnuptial agreement is in place.

Can I Disinherit My Children?

In most cases, Texas law does not require a parent to leave assets to adult children. If you want to disinherit a child, you should do so explicitly in your will. Simply leaving his or her name out is not enough, as this can lead to confusion and potential legal issues. To reduce the chances of a contested will, it is a good idea to include a statement making it clear that the omission is intentional.

However, depending on the situation, minor children may be entitled to support or access to certain assets. Also, if you fail to update your will after having children, they may be able to claim a share as pretermitted heirs.

What Happens If I Die Without a Will?

Passing away without a will in Texas means you give up control over how your assets are divided. The Texas Estates Code decides who inherits your property based on a fixed formula, not your personal wishes. This also means you lose the ability to disinherit anyone, since the state will pass assets to family members who may not have been part of your intended plan.

How Can I Make Sure My Wishes Are Followed?

To successfully disinherit someone, your estate plan must be carefully drafted and legally valid. Doing so without legal guidance can result in a contested will or an outcome that does not align with your wishes. To avoid any complications, consider:

• Creating a will that clearly expresses your intentions

• Reviewing and updating your estate plan after major life changes

• Avoiding vague language that could be misinterpreted

• Consulting with a Texas estate planning attorney to ensure compliance with state law

Contact a Denton County, TX Estate Administration Attorney

If you are considering disinheriting a family member or have questions about how to structure your estate plan, contact a Flower Mound, TX estate planning lawyer at Colbert Law Group PLLC. Attorney Stephen Colbert can help you create a legally sound plan that minimizes the risk of future disputes. Call 972-724-3338 to schedule a consultation today.