The Texas probate court system is designed to protect the rights of heirs and beneficiaries after the death of a loved one. But what happens when someone tries to make a claim for inheritance after the statute of limitations has expired? In this blog post, we will explore the law around claims for inheritance in Texas probate court. We will discuss the statute of limitations and whether or not it applies to adopted children. We will also provide some insight into how you can protect your rights as an heir or beneficiary.
What is the statute of limitations for inheritance claims in Texas?
In Texas, the statute of limitations for inheritance claims is four years. This means that if you are an adopted child, you have four years from the date of your adoption to make a claim for inheritance in Texas probate court. If you are not an adopted child, you have four years from the date of your parent’s death to make a claim for inheritance in Texas probate court.
How does this apply to adopted children?
If you are an adopted child in Texas, you may be wondering if you can still inherit property from your biological parents. The answer is yes, but there are some caveats.
It is worth noting that claims for inheritance can be complex and time-consuming. If you are considering filing a claim for inheritance, it is important to consult with an experienced attorney who can help guide you through the process and ensure that your rights are protected.
What are the exceptions to the rule?
There are a few exceptions to the rule that claims for inheritance in Texas probate court are barred by the statute of limitations. One exception is if the beneficiaries were not given notice of the probate proceeding. Another exception is if the will was not properly filed with the court. Finally, if the executor of the estate committed fraud or other malfeasance, the beneficiaries may be able to file a claim against the estate.
Texas Case Law – Little v. Smith (1997)
In Texas, the statute of limitations for inheritance claims is four years from the date of the decedent’s death. The case of Little v. Smith highlights the importance of consulting with an experienced attorney if you believe you may have an inheritance claim. An attorney can help you determine whether you are subject to any statutes of limitations and advise you on your best course of action.
Little v. Smith, 943 S.W.2d 414 (Tex. 1997).
Facts & Procedural History
Katherine Smith (Plaintiff) was adopted as an infant by W.L. and Katherine Barber. When Plaintiff was ten, her adoptive parents informed her of her adoption and the location of her birth but did not disclose who her biological parents were. As an adult, Plaintiff contacted Hope Cottage, the business that facilitated her adoption, and was eventually able to find the names of her biological parents. Plaintiff filed a motion with the District Court to obtain records, which the District Court granted. Plaintiff then received an unredacted copy of Hope Cottages’ record of her birth. A one-page document, which seemed to be an internal record of Hope Cottage, identified Thelma Little as her mother, although was not signed or acknowledged by Thelma Little or any member of her family. Smith began looking into her family history, and subsequently came across the will of her biological grandmother, Lula Little. Lula Little’s son, Frank Little (Defendant), had previously filed her will for probate, and he distributed a one-fourth interest to each of the three surviving children of Lula Little. Two of Lula Little’s children predeceased her, so the one-fourth share of Lula Little’s estate that would have gone to her daughter, Thelma, was distributed to Thelma’s two children from her marriage.
Around eight years after the administration of Thelma’s estate had been closed, Plaintiff brought forth a suit to assert the right to her inheritance from her biological grandmother. Plaintiff also asked for damages or equitable relief for the wrongful exclusion from her grandmother’s estate. Frank Little and other heirs of Lula Little (Defendants) moved for summary judgment on the grounds that: (1) the four-year statute of limitations had passed; (2) that the adoption records were sealed, so Frank Little had no way of knowing about Plaintiff’s birth; and (3) that the public policy dictated that probate proceedings should be final. Plaintiff argued that the statute of limitations should not have begun to run until she obtained the records from Hope Cottage. The District Court ultimately ruled in favor of the Defendants. On appeal, the Court of Appeals held that the statute of limitations did bar the claim for the inheritance, but that Plaintiff’s claims of fraud, conspiracy, breach of fiduciary duty, and gross negligence were still viable. Both parties appealed to the Supreme Court.
The Supreme Court held that both the claims for the inheritance and the claims for damages (fraud, conspiracy, breach of fiduciary duty, and gross negligence) were barred. However, it did remand one fraud claim back to the Court of Appeals for further inquiry. The Supreme Court stated that, while it understood the difficulties adopted children face in identifying their biological parents, the legislative intent and policies of the statutes governing adoptions were at odds with Plaintiff’s argument that the discovery rule should be allowed here. The Supreme Court determined that the discovery rule could not be applied here to allow adoptees to bypass the privacy of biological parents for the sake of asserting inheritance rights.
The Takeaway
Little v. Smith shows that, though there are compelling arguments for the discovery rule to be applied to inheritance cases involving adopted children, the Legislature has dictated that claims for inheritance and any derivative claims must be asserted within the statutory limitation periods.
Conclusion
Although the claims for inheritance in Texas probate court are barred by statute of limitations in Texas, it is still possible for adopted children to inherit from their biological parents. If you are an adopted child and you believe that you have a claim for inheritance, you should contact an experienced attorney who can help you navigate the legal process.
Do you need an Experienced Probate Attorney to help?
If you are an adopted child in Texas and have recently learned that you may be entitled to inherit property from your biological parents, you may be wondering if the statute of limitations will prevent you from making a claim in probate court.
In Texas, the general rule is that adopted children are treated the same as natural-born children when it comes to inheritance rights. This means that, in most cases, an adopted child has the same right to inherit property from their biological parents as a natural-born child would.
However, there are some exceptions to this rule. For example, if the biological parent died before the adoption was finalized, then the adopted child may not be entitled to inherit anything from them. Additionally, if the biological parent specifically excluded the adopted child from their will or trust, then the child will likely not be able to inherit anything from them either.
If you are an adopted child in Texas who believes you may be entitled to inherit property from your biological parents, it is important to speak with an experienced probate attorney as soon as possible. An attorney can help you understand your rights and options under Texas law and ensure that any claims you make are timely and properly filed with the court. Call us today for a FREE attorney consultation. (512) 273-7444.
