Heirship Disputes
Heirship Disputes
When someone dies without a will, the law decides who inherits — but only after a court determines who the legal heirs are. Those determinations turn contentious fast in blended families, common-law marriages, and estates that hold the family home.
Determination of heirship under Tex. Est. Code ch. 202
Common-law marriage and omitted-child claims
Real-property and clouded-title heirship fights
Bilingual representation with Therese Gutierrez
Why People Call
An intestate estate can't move until the heirs are settled
Without a will, no one can sell the house, clear the title, or distribute the accounts until a court determines the heirs (Tex. Est. Code ch. 202). When a claimed spouse, a previously unknown child, or competing branches of a blended family step forward, that determination becomes litigation — and an attorney ad litem may be appointed to represent unknown heirs. Call 214-250-4407 to protect your share.
Common-law marriage claims
A surviving partner who claims an informal marriage can dramatically change who inherits. These cases turn on the facts of agreement, cohabitation, and holding out as married — and we litigate them from either side, for the claimant or for heirs contesting the claim.
Unknown and omitted children
Children from a prior relationship, or a child the family never knew about, can hold genuine inheritance rights in an intestate estate. We handle proof of parentage and the appointment of an attorney ad litem for unknown heirs as part of the determination of heirship.
Blended-family conflicts
Second marriages, stepchildren, and half-siblings make intestate distribution complicated and emotional. We sort out who qualifies as an heir under Texas law and how the estate divides when multiple branches each believe they come first.
Real property and title
Often the only meaningful asset is the family home, and a faulty or contested heirship leaves the title unmarketable. We pursue a clean determination of heirship so the property can finally be sold, refinanced, or partitioned.
Good Fit
Cases we are built to handle
A relative died without a will and the heirs are in dispute
Someone has surfaced claiming to be a spouse or an omitted child
Inherited real estate can't be sold because the title is clouded
A blended family disagrees over who legally inherits
The estate sits in Collin, Dallas, Denton, or Tarrant County
May Not Need Us
When a full probate lawyer may not be necessary
There is a valid will that clearly controls who inherits
All heirs already agree and just need routine probate, not litigation
You have no heirship interest or claim against the estate
How We Work
Clear next steps before you hire us
We start with a 15-minute attorney consultation to identify whether the estate has a court problem worth solving. If it does, we explain whether the matter fits a flat fee, hourly work, or contingency structure where appropriate.
Map the family
We build the heirship picture — marriages, children, and prior relationships — and identify every person Texas law treats as a potential heir, including those who must be served or represented by an ad litem.
Prove (or challenge) the claims
Whether the fight is over a common-law marriage or a contested parentage claim, we marshal the records, testimony, and evidence the court needs to decide who the heirs actually are.
Clear the estate
Once heirship is determined, we move the estate forward — clearing title, distributing assets, and, where needed, partitioning real property so each heir can realize their share.
Common Questions
Probate Questions Before You Call
How does a court decide who inherits when there's no will?
Can someone claim to be a common-law spouse and inherit?
We can't sell the inherited house. Why?
Related Probate Help
Settle who inherits — and free the estate
Heirship disputes stall everything until they're resolved. WG Law, with bilingual representation from Therese Gutierrez, can move your determination of heirship forward across the DFW metroplex. Call 214-250-4407.