Can You Disinherit a Family Member in Texas?

 Posted on August 06, 2026 in Estate Planning and Administration

You can disinherit a family member in Texas. However, the law places important limits on who you can and cannot fully cut out of your estate. For example, it can be much harder to disinherit some more immediate family members in certain situations.

If you're considering disinheriting a family member in 2026, our Hood County, TX estate planning lawyer can help you understand your options and make sure your wishes hold up legally.

Can You Legally Disinherit Your Adult Children in Texas?

Texas law generally allows you to disinherit an adult child without providing a reason. Unlike some states, Texas does not require you to leave anything to your adult children. Under Texas Estates Code Section 251.001, your property passes according to your will, and courts will typically honor a clearly written will that leaves out a specific child.

An important word here is "clearly." If your will simply doesn't mention a child, this can create confusion. A court might wonder whether the omission was intentional or an oversight. To avoid this problem, your will should specifically state that you're intentionally leaving nothing to that child, rather than just leaving their name out entirely.

Why Does Wording Matter So Much in a Will?

Vague or unclear language is one of the most common reasons a disinheritance is challenged in court. If your will doesn't clearly explain your intent, family members may argue that you simply forgot to include someone, which can open the door to a lawsuit contesting the will.

Can You Disinherit Your Spouse in Texas?

Texas is a community property state, which means your spouse already owns half of most property acquired during the marriage. You generally cannot disinherit your spouse from their share of community property, since that property already belongs to them under Texas law.

You do have more flexibility with separate property, meaning property you owned before the marriage or received individually as a gift or inheritance. However, Texas law still provides certain protections for surviving spouses, including a right to remain in the family home for a period of time after your death. This is true even if the home was left to someone else.

Can You Disinherit a Minor Child in Texas?

You can generally state in your will that a minor child should receive nothing. However, Texas law includes protections designed to prevent children from being left with no support at all.

For example, a surviving spouse or minor children may be entitled to a family allowance under Texas Estates Code Section 353.101, which provides for one year of financial support from the estate, regardless of what the will says. This means even a will that clearly disinherits a minor child may not fully prevent that child from receiving some support during the year following your death.

What Happens if You Don't Mention a Family Member at All in Your Will?

If your will is silent about a specific family member rather than clearly disinheriting them, this can create serious problems. Courts may interpret the omission in different ways. Family members left out may argue they were accidentally overlooked rather than intentionally excluded.

This is especially common with children born after a will was written. If you don't update your will after having another child, that child may be entitled to a share of your estate as a pretermitted child, meaning a child unintentionally left out, even if you intended to treat all your children differently.

What Steps Should You Take to Disinherit a Family Member Properly?

Disinheriting a family member the right way requires careful planning and clear legal language. Helpful steps include:

• Clearly stating in your will that you're intentionally excluding a specific person
• Naming the person specifically rather than leaving them out entirely
• Updating your will after major life changes, such as the birth of a child or a divorce
• Considering a no contest clause, which can discourage family members from challenging your will
• Working with an attorney to make sure your will complies with Texas law

Taking these steps can significantly reduce the chances of a successful legal challenge after your death.

Contact Our Hill County, TX Estate Planning Attorney Today

Attorney Scott Cain brings more than 20 years of experience to estate planning matters. He's a certified mediator with a deep understanding of property and title issues that often come into play during estate planning. Scott has also served as Cleburne's Mayor since 2012, reflecting his long-standing commitment to the community he serves.

Contact Cain & Kiel Law at 817-645-1717 to talk to our Hood County estate planning lawyer today.