Kent, TX Estate Planning Law Firms & Lawyers

No, you do not need to leave anything to any of your children. However, you must mention them in your will. Therefore, for example, "I have four children, namely A, B, C, and D. I give my entire estate to E and F." If you want, you could even throw in, "I give nothing to my issue." Don't put in your reasons.

If Dad had two or more children and mentioned them in his will, but left nothing to child X, then X has no claim to anything. If Dad's will did not mention the existence of this child, then he may be able to get what he would have gotten by intestacy.

For a will to have effect on real property ownership in Texas, the will must be presented to a Texas probate court and probated in some fashion. No one is required to probate a will. If you have an original will to probate, you can offer it within 4 years of the death of your grandfather. After 4 years it might be admitted as a muniment of title, but formal administration is not an option. If your mother was your grandfather's only heir (heirs are determined by law , beneficiaries are designated in a will) and no will was presented for probate, full title of the property would pass to your mother. Your mother's interest in the property could have transfered in full to your father at her death. If you and your siblings want to sell the property, I'd make sure you have some ownership in it first.