People create estate plans to support their loved ones, clarify their wishes and leave a lasting impression on others. The terms of a Texas estate plan are often unique and depend on the relationships that the testator has with various parties.
Sometimes, people putting together estate plans are proactive about transparency. They communicate with their loved ones about what they intend to do with their resources after they die. Other times, people might fantasize about achieving a sort of quiet posthumous revenge with the terms that they set.
Some people want to establish estate plans that impose a financial penalty on their immediate family members for prior disputes or issues in the relationship. While doing so can be perfectly legal in some cases, other times, it might lead to the courts setting aside estate planning documents.
Spouses typically can’t disinherit each other
Some people don’t believe in divorce, but they may not be happy in their marriages. Perhaps their spouse cheated or mistreated them. They may hold on to that pain for years. The idea of getting revenge in the future can be a cold comfort for those in unhappy marriages.
However, if one spouse attempts to disinherit the other in a will, the surviving spouse can challenge that decision in the Texas probate courts. As a community property state, Texas has numerous legal protections in place for spouses.
The surviving spouse has a clear interest in the estate of the decedent. They are often the primary beneficiaries in cases where people die without estate plans. Wills and other estate planning documents can diminish how much of an estate a spouse receives, but a total disinheritance could lead to questions about the document’s validity.
The only scenario in which disinheriting a spouse through an estate plan is likely to work involves a pre-existing marital agreement. If spouses signed prenuptial or postnuptial agreements specifically eliminating spousal property rights under community property statutes, then the choice to disinherit a spouse in a will may not invalidate the document.
People hoping to make drastic estate planning moves often need to learn more about Texas probate statutes before moving forward. Seemingly clever estate planning choices can potentially undermine a testator’s intentions by invalidating their documents. Those who understand the law can use that information to achieve their legacy goals.