After the loss of a loved one, it is not unusual for surviving family members in Texas to believe that they will inherit assets from his or her estate. However, it may come as a shock to some to learn that they were disinherited. While some individuals do choose to disinherit family members for various reasons, some parties may believe that the outcome came about unjustly and that probate litigation may be necessary to address the issue.
One man in another state is currently trying to address such a case. According to reports, the man had apparently expected to inherit certain real estate after his mother passed away. However, while she was still alive, his mother apparently created a transfer-on-death deed that declaring the man's ex-wife should obtain the property.
The man believes that the deed is invalid and that he is the rightful heir under intestate succession laws. The belief regarding the invalidity apparently stems from the fact that the deed was not signed by his mother but was instead signed by his ex-wife at the request of his mother. At the time of the report, the man's case had not proved successful at the district court and appeals levels, and as a result, the Kansas Supreme Court was scheduled to hear his case.
The loss of an expected inheritance can come as a significant blow to surviving family members. As this case shows, if there is a suspicion that the disinheriting took place without the proper documents, there may be reason to move forward with probate litigation. These cases can be difficult and complicated, but they may be worth the effort in order for concerned Texas residents to reach the necessary conclusions.