No. It's your Will, and those wishes must be followed. The only thing that will happen is that probate will come into effect after the death of the person, all creditors, house/property taxes and personal taxes are paid off. What is left in the estate after that goes to the person(s) you have named in your Will. ==Additional Information== In Texas, the right to inherit from a biological parent is not cut off by termination of the parent-child relationship, UNLESS the order terminating the relationship so provides. One of my colleagues was involved in a case in which an adopted child, then an adult, was able to unseal the file in which the parent-child relationship was terminated. She used the argument that the right to inherit gave her the right to the information. Having said that, Texas does not have forced heirship. A properly signed Will can disinherit a child, including one from a terminated relationship. A child born after the signing of a Will in which the Will does not provide for after born children is treated as if the child had been included in the Will and the same as the testator's other children or, if the testator had no other children, the child gets the share the child would have gotten had the decedent died intestate.
NO. The court must appoint a guardian and the matter will be reviewed to make certain it in the best interest of the ward to relinquish the life estate.NO. The court must appoint a guardian and the matter will be reviewed to make certain it in the best interest of the ward to relinquish the life estate.NO. The court must appoint a guardian and the matter will be reviewed to make certain it in the best interest of the ward to relinquish the life estate.NO. The court must appoint a guardian and the matter will be reviewed to make certain it in the best interest of the ward to relinquish the life estate.
No. Entitled refers to those who would have a claim to an estate under the laws of intestacy. If the child is not a biological issue of the decedent and was not legally adopted by the decedent then the child was not a child "of the decedent". In that case that child would not be entitled to the decedent's estate. If you have further questions you should contact the attorney who is handling the estate.
If the life estate holders agree to allow the property to be sold then they mush sign the deed and by doing that they will relinquish their life estates. The proceeds from the sale will go to the remaindermen who own the fee interest in the property. In order to encourage the life estate holders to relinquish their life interest the remaindermen may offer a part of the proceeds as an incentive.You should seek the advice of an attorney who can review your situation and explain the options.
The children are entitled to an interest if they are minors in most states, adult children are treated differently. You need to consult with an attorney who is familiar with the laws in your state. You can check your state laws of intestacy (without a will) at the related question link provided below.
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