According to the Texas Probate Code, half-blood children have half the rights to an inheritance than children of the whole-blood. A half-blood child shares only one natural parent as the rest of his siblings. Thus, when a decedent dies intestate leaving a half-blood sibling and whole-blood sibling, the surviving whole-blood sibling has a full intestacy right to his estate as predetermined by the Texas Probate Code. However, his half-blood sibling only has a right to half that right.
An after-born child is one born after a parent created a will. In this case, the after-born child was probably not included in one or both of his parent’s wills. In this case, an after-born child may be able to inherit from his parent, depending on the specifics. As recommended by the Texas Bar Association, parents should amend their existing wills or revoke their existing wills and create new wills when they have additional children to ensure they incorporate them and allow them to receive an inheritance.
Stephen A. Mendel, Estate Planning Attorney
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