Practice Areas

How to Navigate Inheritance

How to Navigate Inheritance When There Are Paternity Issues

Navigating inheritance when paternity issues are involved can be a complex and emotionally charged process. Whether you’re dealing with an uncertain family lineage or contesting a will, understanding your rights and the legal steps involved is crucial. In Dallas, inheritance cases often bring up questions about a deceased individual’s biological relationships, especially when a child’s paternity is in question. Consulting a Dallas inheritance attorney can help clarify these complexities and ensure your interests are protected.

Understanding Paternity in Texas

In Texas, paternity refers to the legal acknowledgment of a father-child relationship. This relationship is crucial when determining inheritance rights, particularly in intestate cases—where someone dies without a will. Under Texas law, a child has the right to inherit from their biological father, even if the father never acknowledged the child, if paternity is established.
Paternity can be established in several ways:
1. Presumption of Paternity: This applies if the child was born during a marriage or within 300 days after the marriage ended. The husband is presumed to be the father.
2. Acknowledgment of Paternity (AOP): This is a legal document signed by both parents that establishes the man as the child’s father.
3. Adjudication of Paternity: Paternity can be established through a court order, often following a DNA test.
4. Paternity by Consent: In some cases, paternity is voluntarily accepted by the father, even without marriage.
When inheritance is involved, the court must determine whether paternity has been legally established. If paternity is not recognized, the child may not be entitled to inherit from the father’s estate. This is where the expertise of a Dallas inheritance attorney becomes invaluable.

Navigating Inheritance Disputes Involving Paternity

Inheritance disputes related to paternity can be challenging, often involving contested wills, claims of undue influence, or disputes over the validity of paternity claims. If you find yourself in such a situation, it’s essential to understand the potential legal battles and how to navigate them.
1. Challenging Paternity: If there is a dispute over whether a child is the biological offspring of the deceased, DNA testing is often ordered. The results can either solidify the child’s right to inherit or exclude them from the estate.
2. Intestate Succession: In cases where there is no will, Texas intestate succession laws dictate how the estate is divided. If paternity is established, the child has the same inheritance rights as any other child of the deceased.
3. Will Contests: If a will is in place, and a child is either excluded or included under dubious circumstances, interested parties may contest the will. Establishing or disproving paternity can be central to these disputes.
These disputes can be lengthy and emotionally draining. A skilled Dallas inheritance attorney can help guide you through the legal process, ensuring that all relevant evidence is presented and that your rights are protected.

Legal Assistance and Support

Paternity-related inheritance issues require careful navigation. Courts take paternity claims seriously, and the outcome can significantly impact how an estate is distributed. If you’re dealing with these issues, it’s essential to have experienced legal counsel.
A Dallas inheritance attorney will:
  • Review the Case: They will examine the details of the estate, the will (if applicable), and any existing paternity claims.
  • Guide You Through the Process: Whether it’s filing a paternity claim, contesting a will, or navigating intestate succession, your attorney will provide clear, step-by-step guidance.
  • Represent Your Interests: In court or during negotiations, your attorney will advocate for your rights, ensuring you receive a fair share of the estate if you are entitled.

Conclusion

Inheritance disputes involving paternity issues can be complex and emotionally charged. With the right legal support, you can navigate these challenges effectively. If you’re facing paternity-related inheritance questions, consulting with a Dallas inheritance attorney is a crucial first step. They will provide the expertise needed to protect your rights and guide you through the legal maze of inheritance law in Texas.

How to Navigate Inheritance When There Are Marriage Issues

Inheritance disputes often arise when marriage issues are involved, particularly in cases of blended families, common-law marriages, or contested spousal rights. Understanding how Texas law approaches these situations is vital to ensuring that your inheritance rights are protected. In Dallas, inheritance cases frequently involve complexities related to marriage, and a Dallas inheritance attorney can provide essential guidance to navigate these challenges.

Understanding Spousal Inheritance Rights in Texas

In Texas, a surviving spouse typically has a significant claim on the estate, especially when there is no will (intestate succession). However, the specifics can become complicated based on the nature of the marriage and the type of property involved.
1. Community Property: Texas is a community property state, meaning that any assets acquired during the marriage are considered jointly owned by both spouses. Upon the death of one spouse, the surviving spouse is generally entitled to their half of the community property.
2. Separate Property: Property owned by either spouse before the marriage, as well as inheritances or gifts received during the marriage, are considered separate property. The distribution of this property upon death can be more contentious, especially if the deceased spouse left children from a previous marriage.
3. Common-Law Marriage: Texas recognizes common-law or informal marriages, but proving such a marriage existed can be difficult, especially in inheritance disputes. A Dallas inheritance attorney can help establish the existence of a common-law marriage to ensure the surviving partner’s rights are protected.

Navigating Inheritance Disputes Involving Marriage

Inheritance disputes can arise for various reasons when marriage is involved. These disputes can include challenges from children of previous marriages, claims from common-law spouses, or disputes over the classification of property as community or separate.
1. Blended Families: In blended families, children from previous marriages may contest the distribution of assets, especially if they believe the surviving spouse is receiving an unfair share of the estate. These disputes often revolve around community versus separate property and the interpretation of the deceased’s will.
2. Contesting a Will: If a spouse feels they have been unjustly excluded from a will or if there are suspicions of undue influence, they may contest the will. This can lead to lengthy legal battles that require the experience and skills of a Dallas inheritance attorney to resolve.
3. Common-Law Marriage Claims: Proving a common-law marriage in an inheritance dispute can be challenging. Texas law requires evidence that the couple agreed to be married, lived together as husband and wife, and represented themselves as married to others. If a common-law spouse is contesting an inheritance, a Dallas inheritance attorney can help gather the necessary evidence to support their claim.

Legal Assistance and Support

Dealing with inheritance issues related to marriage requires a nuanced understanding of Texas law. A skilled Dallas inheritance attorney can provide the legal insight necessary to navigate these challenges and ensure that your rights are protected.
A Dallas inheritance attorney will:
  • Assess the Case: They will review the details of the marriage, the will (if applicable), and the nature of the assets involved.
  • Provide Legal Guidance: Whether you are a surviving spouse, a child from a previous marriage, or a common-law spouse, your probate attorney will help you understand your rights and the best course of action.
  • Represent Your Interests: In negotiations or court proceedings, your attorney will advocate for your interests, ensuring that the estate is distributed fairly and according to Texas law.

Conclusion

Inheritance disputes involving marriage issues can be legally complex and emotionally taxing. If you are facing such a dispute, it’s essential to seek the advice of a knowledgeable Dallas inheritance attorney. They can provide the guidance and representation you need to protect your rights and navigate the intricacies of Texas inheritance law effectively.

SOURCES

  • Texas Family Code
  • Texas Estates Code
  • Texas Courts
  • Dallas County Probate Court

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Frequently
Asked Questions

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Probate is a legal process. One that is triggered once someone has passed away. Probate’s the method by which a court formally recognizes the death and oversees the administration of the deceased’s estate.
Probate makes sure that the deceased’s final wishes are accurately honored, their assets are distributed the way the deceased intended, and that any of their outstanding debts are settled. By better understanding how probate works, much of the stress and worry about assets can be alleviated. As a Dallas probate law firm, we can help you understand all of the details involved with probate.

Simply put, probate is the legal process which involves the court recognizing a person’s death and helps oversee the administration of deceased’s estate. Without a Will present, this process is referred to as “intestate probate.” Intestate probate means that the court will determine how to distribute the deceased’s assets in alignment with Texas state laws, rather than according to the deceased’s specific wishes.

Heirship determination is a legal process used to identify the heirs of an estate when a person dies without a valid will or when there are disputes about the will’s validity. The probate court will review evidence to establish who the legal heirs are according to Texas intestacy laws.

Inheritance law governs how an individual’s estate is distributed after their death. In Dallas, as in the rest of Texas, inheritance laws are designed to ensure that assets are distributed fairly and according to the decedent’s wishes, or, if there is no will, according to statutory guidelines.

Estate planning may sound like something only the wealthy or elderly need to do, but it’s actually critical for anyone who has possessions they care about—like finances, land or buildings and even pets—and who wants to make sure those assets go to the right people, should something happen to them.

Imagine you have a good amount of money saved up, a pricey car, and other valuable assets, but you didn’t leave any instructions about what should happen to them if you pass away. Lacking an official estate plan, the government may step in and unilaterally decide what happens to your belongings…and they might not go to the people you want. This is why planning ahead is so crucial—it keeps you in complete control.
If you die in Texas without good estate planning, dealing with your estate can be expensive and stressful for your loved ones, and take a long period of time in Dallas County.  This is why having an estate plan in place, even a simple will, is as important, or maybe even more important, to families of modest means as it is for more wealthy families.
Family law encompasses legal matters that involve familial relationships, such as marriage, divorce, child custody, termination of parental rights, adoptions and more. It also includes cases like prenuptial agreements, domestic violence, and child support. Dallas family law is designed to handle these delicate and often emotional issues with fairness and justice.
In Dallas, family law is governed by both state and local rules. The Texas Family Code provides the framework for resolving family disputes, but local courts in Dallas may have specific rules and procedures that must be followed. This is where a seasoned Dallas family law attorney can provide crucial guidance.  Dallas family cases also must adhere to requirements of the Texas Property Code, Texas Rules of Civil Procedure and other bodies of law.

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Sdgerrald1972
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2024-05-29
Chris has helped me navigate my way through one of the hardest things that I've ever experienced. He is always honest with you on how your case may or may not go. He's extremely knowledgeable and has always returned by messages in a timely manner. I would absolutely recommend Chris to anyone with a challenging case that requires thorough attention. If needed, I will return as a client in the future.
 
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2024-05-16
Personable attorney that works directly with you and does what he says he will do and more!

I have learned the very hard and expensive way that hiring a well-marketed, high-dollar attorney is not always the best route. I initially went this route and was going broke with little to no results. It’s a very long story, which I only mention to establish how much of a wreck I was at this time. I was in a situation where after 18 months or so, my divorce was going to be cancelled due to lack of work on my behalf from the current attorney. I had 30 days or less to get documents filed or my case would have been dropped as if it never happened and I would have to start all over. I knew it was time to switch attorneys. I felt so misrepresented and unjustly treated. I was basically broke, scared and desperate. Chris Smith was referred to me by a family member who knew my situation & highly recommended him so I consulted with him and ended up hiring him.

Chris immediately started filing documents and taking charge! The experience was personable because Chris works directly with his clients. I felt comfortable just letting him handle the case, which wasn’t something I had felt before. Chris had a way of putting me at ease, which was much needed. Chris managed to get my divorce wrapped up in about 60 days. His fee was much more reasonable than the prior attorney but MORE than that, I felt like he was really working with me and had my best interest in mind from the beginning. He did what he told me he would be able to do and then some. Before Chris took my case, I was looking at being a joint managing conservator with my ex-husband who would also have expanded standard visitation. Chris reviewed all of my information and really pushed me to allow him to ask for sole managing conservator because he thought I could get it. For many years I had been conditioned in my relationship to think that I basically had no value. Chris valued me and pushed me to do what he thought was possible instead of just settling. His review of my situation and guidance proved to be most valuable. My divorce is now final. I have sole custody of my three daughters and my ex-husband has only standard visitation. I will be forever thankful to Chris for his coaching, confidence in me, and for making sure that me and my girls received the best possible outcome.

I give him a 5-star rating but only because 10 isn’t an option! I MOST highly recommend him. Should I ever need an attorney again, Chris will be the one I contact.
 
David Gonzales
David Gonzales
2023-08-16
When we were first introduced to Christopher Smith, we were looking for a lawyer who could help us with an estate left by a first cousin who had passed away without leaving a will. Chris patiently navigated us through its successful conclusion. And on a more recent occasion, Chris updated our wills to also include a Transfer on Death Deed drawn up on our house and helped with all of our estate planning needs. We have been very pleased with his work and highly recommend him. – David & Joan G.
 
Angie Spinks
Angie Spinks
2023-02-11
I can't say enough good things about Chris! He helped me with a high conflict divorce and we received a VERY favorable outcome. He was always straight-forward with me and I'm not going to lie, the outcome seemed bleak. However, Chris was willing to try where other lawyers I interviewed with were not. Sometimes we argued but I valued being able to be real with him and still move forward in a positive working relationship. He understood how difficult the process was for me and pulled the weight when it was necessary. He was a true partner and I knew he was always looking out for my interest when I was in a very low emotional state. I can't stress enough how thankful I am for Chris and I would highly recommend him to anyone in need of legal assistance!
 
Sarah Fuller
Sarah Fuller
2020-11-18
I was referred to Chris by a friend of mine and I am so thankful for the recommendation. Chris is very knowledgeable and so good at explaining things in terms I could understand. He really fought for me and I was always confident that he had my best interest in mind every step of the way. Chris was able to get me almost double what I was expecting out of my settlement. I will be recommending him to my friends in the future and should I ever need an attorney again, he will be the first call I make.
 
Khrystal Friedrichs
Khrystal Friedrichs
2020-07-17
It was so great to find an established attorney that takes clients in Rockwall County! Chris was great! No nonsense and always direct and straight to the point. I felt that he was always looking out for my best interest and made sure that I was taken care of and felt comfortable every step of the way. He would always present multiple ways/scenarios to handle my divorce and was very knowledgeable. I would definitely recommend Chris Smith!
 
JoJo Dancer
JoJo Dancer
2019-10-09
The most honest attorney in Dallas, Texas!
 
Aaron C
Aaron C
2019-08-01
Sometimes your divorce will take you to court whether you want to go or not. Chris worked with me before each hearing, and though the hearings were stressful, our work paid off, and every time I left the courtroom we had won a battle, big or small.
He is thorough, always prepared, always thinking. Chris is who you want when so much is on the line.