Romantic and intimate relationships can be very complex. People may remain married for decades but may also pursue secondary relationships outside of their marriages. Typically, women have a difficult time hiding children conceived outside of marriage from their families unless they are from a previous relationship.
Men can sometimes have illegitimate children that their spouses and legitimate children conceived within the marriage do not know about before their death. They may have resulted from an affair or a prior relationship. Those surprise heirs can turn up seeking a share of the estate after their parent eventually dies. Without a thorough estate plan established in accordance with Texas laws, those children from another relationship could potentially diminish what other beneficiaries receive from their parent’s estate.
All children of the deceased have equal rights
Texas state law very clearly explains what happens to property if someone dies without a will. Their spouse and their children typically inherit all of their property. The way that they divide the property depends on whether the surviving spouse is also the parent of the children who stand to inherit.
In a scenario where children from an outside relationship make a claim against an intestate estate, their actions impact the legal family of the decedent. Their lack of a relationship with the surviving spouse can diminish what the spouse receives. They can also receive a significant portion of the property earmarked for the children in the family. The law does not prevent illegitimate children or children from a prior relationship from making a claim in probate court after a parent dies.
When people die without an estate plan, state law rather than family relationships govern what happens next. Those who establish estate plans and wills can decide exactly what happens with their property after they die. The only person with the statutory right of inheritance when someone dies with a will is their spouse. Their children do not automatically have a right of inheritance. They also do not typically have the right to contest the estate plan over a lack of an inheritance.
Those who know they have children from a prior relationship or could have children from dalliances outside of their marriage may benefit from creating a thorough and robust estate plan to protect the legacy they leave when they die. Planning carefully can eliminate the possibility of unexpected claims diminishing what loved ones inherit and affecting a testator’s legacy forever in ways that are not intended.