family settlement agreement

In In the Estate of Maberry, the alleged common-law wife of an intestate decedent did not have standing to seek to remove the decedent’s daughter as independent administrator because she was not an “interested person” following her voluntary release of all her rights in the estate in a settlement agreement. No. 11-18-00349-CV, 2020 Tex. App. LEXIS 10447 (Tex. App.—Eastland December 31, 2020, no pet. history). In the agreement, the alleged heir agreed to accept $2,000 “as consideration for compromise, settlement and release of all claim of [Harper] to any part of the Estate.” The heir then contended that she did not release her right to receive an inheritance from the estate, she only released “claims” against the estate, and her right to receive an inheritance from the estate was not a claim against the estate. The court of appeals disagreed. It first discussed family settlement agreements:

“The settlement agreement and release executed by Harper and Bradshaw was in the nature of a family settlement agreement. The family settlement doctrine is applicable generally when there is a disagreement on the distribution of an estate and the beneficiaries enter into an agreement to resolve the controversy. Family settlement agreements are favored in law because they tend to put an end to family controversies by way of compromise.”


Continue Reading Court Held That An Heir Of An Estate Who Released All Claims Against The Estate Via A Settlement Agreement No Longer Had Standing To Bring Suit

In In re Estate of Spiller, a party appealed an order admitting a will to probate and ordering the independent administrator to distribute the estate in accordance with a family settlement agreement. No. 04-15-00449-CV, 2016 Tex. App. LEXIS 6811 (Tex. App.—San Antonio June 29, 2016, no pet. history). Earlier in the case, there was