Does a grandparent have the right to challenge a will or trust that doesn’t provide for the grandchild?
In Texas, grandparents typically do not have the right to challenge a will or trust that doesn’t provide for the grandchild. Grandparent rights are severely limited in the state due to lack of laws that protect them. Although Texas recognizes a grandparent’s rights to seek access to, or conservatorship of, a grandchild, legal rights to challenge a will are nonexistent. However, there are limited circumstances in which a grandparent might be able to challenge a will or trust. This would usually involve the death of a parent and the grandchild’s need for financial support or emotional support. In this case, the grandparent may ask the court to modify the will, trust, or other legal document in order to provide for the grandchild. It is important to note that the court’s decision in such matters depends heavily on the evidence presented and does not always guarantee success. Grandparents may also revisit the decedent’s estate planning documents beforehand to ensure that the grandchild’s rights are protected. Consulting an attorney is also advised in order to determine the best course of action.
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