Court Held That an Heir Of an Estate Who Released All Claims Against the Estate Via a Settlement Agreement No Longer Had Standing

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.” 

The alleged heir in the agreement agreed to accept $2000 “as consideration for compromise, settlement and release of all claim of [Harper] to any part of the Estate.” The heir claimed that still had a right to receive inheritance from the estate and that’s she only released any “claims: against the estate. She argues that her right to inheritance is not or should not be considered a claim against the estate.

The court of appeals disagreed with her. The COA held “that the heir no longer had an interest in the estate as she released any such interest [in the family settlement agreement].” 

The court also held, “. Harper lost standing by clearly and unambiguously agreeing to release any right or interest she had or may have had to the decedent’s estate. Accordingly, she no longer constituted an interested person under the Estates Code.” 

Ultimately, the heir gave up her right to inheritance when she accepted the settlement. 

See David Fowler Johnson, 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, February 5, 2021. 

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.