A common question many people have about estate planning and probate is which family members can inherit from their estate when they pass away. Inheritance and succession laws vary from state to state, but in Florida and Texas, children are often entitled to a portion of their parent’s estate. What about children born out of wedlock or a child that you’ve never met? With some exceptions, these children are probably entitled, too. 

Florida Succession Laws

Your last will and testament can make a significant impact on how your assets are divided upon your death. For example, if you want your stepchildren or foster children to receive property from your estate, you will need to include them in your will because Florida succession laws will exclude them. With that being said, inheritance law in Florida strongly favors surviving spouses and biological children. 

Here’s what you can expect for your estate if it is divided based on Florida’s laws of succession:

• If you and your surviving spouse share children, those children will not receive anything. Instead, your spouse will inherit. 
• If your child’s other parent is not your spouse, they could be entitled to as much as half of your estate. 

Illegitimate children,  meaning children who were born out of wedlock, are also entitled to a parent’s estate as long as their paternity can be proven. This is true even if you never met the child or were not aware you fathered the child. Biological children in Florida are entitled to a share of their deceased parent’s estate. 

Texas Succession Laws

The law in Texas regarding children’s inheritance is similar to that of Florida. Biological children, adopted children, and illegitimate children are all entitled under the state’s succession laws. If a valid will exists at the time of your death, the will determines the distribution of your property. However, if the will is deemed invalid, is contested, or if any property is not included in the document, Texas inheritance laws will decide how assets are divided. 

If paternity is proven, a child you never met could be entitled to inherit from your estate based on the state’s laws. 

Legal Guidance for Complicated Estate Planning Needs

There are other scenarios involving your children that must be carefully considered in your estate plan, such as:

• Children who have been conceived but not born yet
• Children for whom you have begun the adoption process
• Children you are raising but have not adopted

Contact Fleurinord Law for questions about estate planning in Texas or Florida. Our estate planning attorney has helped countless clients create the ideal plan to protect their assets and families. Call our Houston office at 713 346-2011 or our Aventura office at 305-900-3139 to schedule your consultation.