Can Parents in Texas Disinherit Their Children?
For many parents, estate planning is about providing security, stability, and support for their children. In most families, the goal is to leave assets equally and fairly. However, there are situations where parents consider limiting—or even excluding—a child’s inheritance.
This raises an important and often sensitive question: Can parents in Texas legally disinherit their children?
The short answer is yes, but only with proper planning.
What Happens If a Parent Dies Without a Will in Texas?
When someone dies without an estate plan, Texas law determines how their assets are distributed through intestate succession. Under these rules:
Children generally have a legal right to inherit
The court—not the parent—controls distribution
Personal wishes may not be honored
Without a will or trust in place, parents lose the ability to decide who inherits and how.
Can Parents Legally Disinherit a Child?
Yes — With an Estate Plan
Parents in Texas can disinherit an adult child, but this must be done intentionally and clearly through legally valid estate planning documents.
Disinheritance typically occurs when a parent:
Explicitly states the decision in a will, or
Leaves the child a very small inheritance to avoid ambiguity
Texas law generally respects a parent’s right to decide how their property is distributed after death.
⚠️ Important exception:
Spouses cannot be fully disinherited due to Texas community property laws. This restriction does not apply to adult children.
Why Parents May Consider Disinheritance
Every family situation is unique. Some common reasons parents consider limiting an inheritance include:
Estrangement or long-term conflict
A child struggling with addiction
Concerns about an abusive marriage
Financial irresponsibility
Protecting assets from creditors or lawsuits
Disinheritance is rarely an emotional decision alone—it’s often about protecting assets and avoiding unintended harm.
Using a Trust Instead of Disinheritance
In many cases, a trust may be a better solution than complete disinheritance.
Trusts allow parents to:
Control how and when assets are distributed
Protect funds from misuse
Provide long-term structure and oversight
For example, parents can:
Delay distributions until a child reaches a certain age
Release funds only for education, housing, or healthcare
Prevent a lump sum from being quickly depleted
👉 Related reading: Do I Have to Be Rich to Create a Trust?
Why Legal Guidance Is Essential
Disinheritance must be handled carefully. Poorly drafted documents or vague language can lead to:
Will contests
Family disputes
Lengthy probate litigation
An estate planning attorney can help ensure that your intentions are clearly documented and legally enforceable—while also exploring alternatives that may better protect your family and legacy.
Start Your Estate Plan With Confidence
Estate planning involves difficult conversations, but thoughtful planning can help prevent conflict and preserve family relationships wherever possible.
If you’re considering disinheritance—or want to explore alternatives like trusts—Hyde Legal Group can help you understand your options and create a plan that reflects your goals.
👉 Schedule a consultation to discuss your estate planning needs with confidence.
