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Can parents in Texas disinherit their children?

On Behalf of | May 29, 2025 | Estate Planning

For people contemplating their mortality, the idea of leaving a meaningful legacy can be a significant source of comfort. They can provide financial support for their loved ones that improves their quality of life for years to come. The inheritance can influence how others remember them. Parents often aspire to leave as much as possible to their children when they die.

Parents with multiple children often plan to leave assets of roughly equal value for each of their children. They may also prioritize bequeathing resources that have emotional value to specific recipients. Occasionally, parents recognize that they should not leave an inheritance for one of their children.

Maybe they became estranged, and their child refuses to talk to them. Perhaps the child is in an abusive marriage, and the likelihood is strong that their spouse might intercept their inheritance and squander it. There may be issues with addiction to consider. Parents may worry about leaving resources for their adult children in certain scenarios.

Is it possible for parents to legally disinherit their adult children?

Disinheritance is possible with a plan

Children have a statutory right of inheritance if their parents die without wills. In cases where people have failed to establish estate plans before their passing, children and surviving spouses have legally protected rights to receive the resources from their estate.

However, people can sidestep those rules in cases where they draft wills and other estate planning documents. While it is not possible to fully disinherit a spouse due to community property rules, parents can disinherit their children. Testators can disinherit a child by explaining that decision in their estate planning documents or by leaving them a minuscule inheritance, such as a favorite teacup or a small amount of money.

A trust is another option

Fully disinheriting an adult child may feel cruel and may permanently alter how the child remembers their parent in the future. In cases where addiction, health challenges or other situational factors influence the decision to disinherit a child, testators may want to consider funding trusts instead.

They can place restrictions on the use of inherited resources and impose rules for when beneficiaries are eligible for distributions from the trust. The use of a trust makes it feasible to provide resources for an adult child in an unhealthy marriage or one who struggles with substance abuse challenges.

Learning more about estate planning rules and considering different solutions can be a valuable step for testators to take. It is possible to either disinherit an adult child or limit how they use an inheritance with the right plan.