Why Texas Seniors With Estranged Children Choose Revocable Trusts

 Posted on November 21, 2025 in Estate Planning

Texas seniors who are engaged in estate planning may find the process more complex – not to mention emotional – when an adult child is estranged. The distance could stem from long-standing conflict, addiction issues, financial disputes, or family fractures, but whatever the reasons, it can make the question of "what happens when I’m gone?" even more difficult.

A revocable trust can offer a private and controlled solution for seniors who want to ensure their wishes are honored while avoiding will contests and minimizing probate risks. Understanding how a Texas revocable trust works is essential for seniors facing complicated family dynamics. If you find yourself in this position, a Flower Mound, TX estate planning attorney is ready to help you create a revocable living trust that allows you to maintain control, reduce family drama, and protect your legacy.   

Why Estrangement with an Adult Child Can Complicate Estate Planning for Texas Seniors

Under Texas law, adult children have no automatic right to inherit, but they do have the right to view probate filings and challenge a will. This means that an adult estranged child can appear during probate and argue that the parent lacked mental capacity or that someone else exerted undue influence. Seniors who want privacy and reduced risk of litigation can choose a revocable trust over a will to minimize these potential challenges and conflicts among surviving family members.  

How Does a Revocable Living Trust Help Seniors with Estranged Children?

A revocable living trust holds a person’s assets during his or her life, and then distributes them after death outside of Texas probate (Texas Estate Code Title 2 Subtitle F Chapter 256). The person who establishes the trust and funds it with assets (the settlor, grantor, or trustor) retains control, because the trust is fully revocable and amendable as long as he or she has capacity.  While a will becomes public when filed with the county clerk, a trust does not. This means that:

• An estranged child cannot easily access the trust.
• The details of the distributions remain confidential.
• Family disputes stay out of public court records.
• There is a significantly reduced chance of a successful challenge by an estranged child.
• A trust reflects long-term planning, and capacity is usually documented with each amendment.

What if a Senior Wants to Make Controlled, Conditional, or Limited Distributions to an Estranged Child?

Some seniors want to leave something to an estranged child, but they do not want it to be a lump sum, which could be mismanaged. Unlike a will, a revocable trust allows for staggered distributions or incentives tied to sobriety, employment, or stability. Spendthrift clauses can be added to a revocable trust that protects assets from creditors, or "hold-back" provisions can be included for at-risk beneficiaries.

A Trust Offers a Safer Way to Disinherit, Limit, or Exclude an Estranged Child

While the state of Texas respects a person’s right to exclude an adult child from an inheritance, a poorly drafted will almost invites legal challenges. A trust, on the other hand, allows supporting documentation that can make intent clear and consistent, while providing a structured distribution for other heirs. Trusts avoid probate and can include a no-contest clause, which strongly discourages challenges unless the estranged child chooses to risk losing everything.

A Revocable Trust Allows for Smooth Management During Incapacity

Should the senior become incapacitated as a result of a stroke, dementia, or other illnesses, a successor trustee is named who can take over instantly without the need for public hearings, court approval, or guardianship proceedings. While a family member is often chosen, a neutral professional fiduciary, a local attorney or CPA, or a corporate trustee may be a better choice to minimize potential family conflict.

Contact a Denton County, TX Estate Planning Lawyer

If you are a Texas senior with an estranged child who is worried about future family conflict, a revocable living trust can provide protection, privacy, and peace of mind. An experienced Flower Mound, TX elder law attorney from Colbert Law Group PLLC can help you design a plan that honors your wishes, reduces the risk of litigation, and keeps your affairs private. Attorney Colbert has experience serving as an administrative law judge and a tribal judge for the Chickasaw Indian Nation. Call 972-724-3338 to schedule your initial attorney meeting.