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Do half siblings have the same inheritance rights as whole siblings?

Posted on | August 24, 2010 | 8 Comments

The issue of who inherits when a person dies has to deal with all of the various forms of today’s families.  Families may consist of parents and step-parents, brothers and sisters, step-brothers and sisters and half-brothers and sisters. This post discusses the issue of the inheritance rights of whole and half brothers and sisters or what the law refers to as those of the “whole blood” and those of the “half blood.” This post does not include the inheritance rights of step siblings who generally do not inherit from other step siblings or step parents unless there is a will that names them as a beneficiary.

In Texas, the laws of descent and distribution determine what happens to a person’s property if they die intestate (without a will.) They may have failed to make a will or a purported will may have been contested and denied probate. In those cases, the law determines who gets the estate and the law treats “those of the half blood” differently from “those of the whole blood.” As an example, if a person dies and is survived by a half brother and a whole brother, the half brother will take half of what the whole brother will take. If the survivors are all “of the half blood,” they will take a full share the same as if all of the survivors were “of the whole blood.” TPC 41(b).

Pearls of wisdom. If you have “step” relations or “half” relations and you want them to participate in your bounty or you want to make sure that they don’t participate in your bounty, it is important that you make a will so that the judge uses your wishes instead of the laws of descent and distribution to determine who inherits your estate.

Copyright by Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, inheritance rights, have a family inheritance dispute, a property dispute or want information about contesting a will and need an inheritance lawyer, we can help. Please go to our main site www.theprobate.net and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case and there is no fee for the initial consultation.

Comments

8 Responses to “Do half siblings have the same inheritance rights as whole siblings?”

  1. harry karayan
    July 3rd, 2011 @ 5:48 pm

    I have a half blood brother wholives in New York and was given, by our father, all the cash and properties amounting to millions of dollars. This means that the half brother had under ownershio all properties before the death of the father. i presume there is nothing I can do. Any suggestions?

  2. Robert Ray
    July 4th, 2011 @ 1:41 pm

    If you have a question about a Texas contested probate matter, you should go to our regular site, http://www.TheProbate.Net and use the contact form. This blog is for general information about issues that arise on a daily basis.

  3. james vandenack
    September 6th, 2011 @ 10:07 pm

    my brother died yesterday . my wife and I were there for five days to assit with caring for him. We have the same father, but not the same mother. the neices of one brother and the family of a dead brother are saying I have no right to my brothers things, He put me in his will. they are angry and are hounding the care giver of the will . what can I do>? do I have a right or not thank you

  4. Robert Ray
    September 7th, 2011 @ 7:01 am

    Use the contact form on our main site, http://www.TheProbate.Net, to ask questions.

  5. Karen Rogers
    March 24th, 2014 @ 11:57 am

    My twin sister passed away and i have a half brother and a half sister we have the same mother but not the same father. Am i considered the next of kin? She did not leave a will.

  6. Robert Ray
    March 24th, 2014 @ 4:23 pm

    Karen, this blog is for information of interesting inheritance issues. If you need to ask a question, you should use our main site, http://www.theprobate.net.
    If you will re-read the article on this blog, I think it will answer your question. If not, do a search on our main site.

  7. minnesota lawyers mutual insurance company
    May 5th, 2014 @ 4:33 pm

    Hey there would you mind stating which blog platform you’re using?
    I’m planning to start my own blog in the near future but
    I’m having a difficult time deciding between BlogEngine/Wordpress/B2evolution and Drupal.
    The reason I ask is because your design seems different then most blogs and I’m looking for something unique.
    P.S My apologies for being off-topic but I had to
    ask!

  8. Robert Ray
    May 6th, 2014 @ 8:30 am

    I’m using WordPress. My theme is “Elements of SEO.”

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