If my husband has grown children but in his Will left everything to me, can they take any of it from me?

UPDATED: Sep 30, 2022

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If my husband has grown children but in his Will left everything to me, can they take any of it from me?

Are they entitled to anything?

Asked on June 12, 2016 under Estate Planning, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A parent can disinherit a child. As a general rule, when a child is disinherited, the parent should expressly state in the Will their intention to omit the child so no claim can be made that they were accidentally omitted; this reduces the likelihood that the disgruntled heir can successfully challenge the dispositions. Additionally, since you live in a community property state, you would have rights to all community property, even if your husband died "intestate" (i.e. without a Will).

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