Can Someone Inherit If They Are Accused of Murder? A Texas Case Explained

Posted by Bobby Dale BarinaApr 04, 20260 Comments

A recent Texas case has raised a question most families never think about:

👉 What happens if someone accused of murder is still named in a will?

In a San Antonio case, a husband accused of killing his spouse remains tied to the estate—causing significant delays and legal complications in probate proceedings.

This situation highlights a powerful but often misunderstood rule in Texas law.


⚖️ The Texas Slayer Rule

Under Texas law:

👉 A person cannot inherit from someone they intentionally caused the death of.

This is known as the “Slayer Rule.”

But here's where things get complicated:

  • The rule often requires proof
  • Probate may be delayed until the criminal case is resolved
  • Assets can be frozen for months—or even years

⏳ What Happens During the Delay?

When criminal and probate cases overlap:

  • Estates may be tied up in court
  • Families may not have access to assets
  • Children and dependents may be affected financially
  • Legal costs increase significantly

💡 Why Proper Estate Planning Matters

Most people assume “the law will handle it.”

But without planning, situations like this can create:

❌ Delayed inheritance
❌ Family disputes
❌ Court-controlled outcomes


✔️ Smart planning can include:

  • Naming contingent beneficiaries
  • Creating trust structures
  • Clearly outlining distribution plans
  • Coordinating estate and legal strategy

👉 Learn more about protecting your family:
https://www.bobbybarinalaw.com/estate-planning.html


🔗 Related Reading

➡️ Read first:
The $124 Trillion Wealth Transfer: Why Families Are Losing Everything Without a Will

➡️ Then read:
When Families Fight Over Inheritance: How to Prevent Probate Battles in Texas

➡️ Also read:
When Criminal Cases Affect Divorce and Estate Planning


📞 Call to Action

If your family situation involves complex legal risks—or you want to prevent them:

👉 Schedule a consultation with Barina Law Group

📍 2207 Birdcreek Drive, Temple, Texas 76502
📞 (254) 699-3755
📧 [email protected]
🌐 www.bobbybarinalaw.com