Father wants to leave his daughter’s portion to her children
The information in this column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
Q: My husband has two children from a previous marriage. He wants to cut his daughter out of his will and leave her portion to her children. Is it legal to cut her out after both of us are gone? Should we hire an estate planner?
A: Yes, it’s perfectly legal to leave no property to a child. In fact, it’s done quite often.
You should see an attorney to get this done, preferably one who handles estate planning matters.
Q: In 2016, my employer will be changing its paid time off buyback policy to a 75 percent payout instead of the 100 percent payout it’s been using. Is this true for the entire state of Texas, or is my employer just trying to save a buck on the backs of its employees?
A: Employers have no legal obligation to buy back unused paid time off. In fact, employers aren’t required to provide paid time off at all.
Many employers have policies that require employees to use paid time off or lose it. So your employer is quite generous to provide any compensation at all.
If you want to learn more about why your employer has changed its policy, you should ask someone in the human resources department. Also, if you have any accrued paid time off, you may want to submit your request before the payments are reduced.
Q: Are retirement accounts (401(k), IRA or pension payments) subject to forfeiture if I were to lose a civil lawsuit against me in the state of Texas?
A: No, those types of assets generally are protected from the claims of creditors in Texas.
Q: How does a surviving spouse get a new deed when the spouse is the primary beneficiary of a Transfer on Death Deed?
A: There is no new deed. The original deed and the Transfer on Death Deed operate together to transfer ownership and establish title.
Q: If a husband and wife own a house together and the wife dies without a will, can the husband use an Affidavit of Heirship to remove his wife’s name from the deed to the property so he can sell the house or get a reverse mortgage?
A: An Affidavit of Heirship will not remove the wife’s name from the deed. That document merely recites who inherited the property from the deceased under Texas law. The new owner or owners would then possibly be able to take the actions you described.
Keep in mind, a husband does not always inherit his wife’s half of a home. If the wife has children from a prior marriage, her children inherit her interest, subject to the husband’s right to a life estate allowing him to live on the property.
Ronald Lipman is an attorney with the Houston law firm of Lipman & Associates. He is board certified in estate planning and probate law by the Texas Board of Legal Specialization. Questions for this column, 50 words or less. Mail: State Your Case, Houston Chronicle; P.O. Box 4260, Houston, 77210. E-mail: stateyourcase@ lipmanpc.com