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Understanding Inheritance Rights and Disqualification in Texas Law

This article explores the complex legal concepts of forfeiture, civil death, and corruption of blood as they relate to inheritance in Texas. It covers how felony convictions can affect property rights, the legal implications of bad parenting and spousal relationships on intestate inheritance, and the courts' discretionary power in these matters. Highlighting key statutes and case law, such as the Texas slayer statute and the constructive trust approach, this resource serves as a crucial guide for understanding who may qualify as an heir in Texas.

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Understanding Inheritance Rights and Disqualification in Texas Law

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  1. Unworthy Heirs

  2. 1. Forfeiture • Upon felony or treason conviction, all property to government. • Prohibited in Texas. • Constitution Art. I, § 21 • Probate Code § 41(d)

  3. 2. Civil Death • Upon conviction of serious crime, property passes to heirs. • Not recognized in Texas.

  4. 3. Corruption of the Blood • Upon conviction of serious crime, prohibited from being an heir. • Not recognized in Texas. § 41(d)

  5. 4. Suicide • Common law = forfeiture often occurred. • Texas = irrelevant. § 41(d)

  6. 5. Heir Killing Intestate • Texas slayer statute limited to life insurance. • Pritchett v. Henry (p. 38) adopts constructive trust approach.

  7. 6. Bad Parents -- § 41(e) • 1. Discretionary with court.

  8. 6. Bad Parents -- § 41(e) • 1. Discretionary with court. • 2. Intestate child must be under age 18.

  9. 6. Bad Parents -- § 41(e) • 1. Discretionary with court. • 2. Intestate child must be under age 18. • 3. Evil acts proved by clear and convincing evidence.

  10. 6. Bad Parents -- § 41(e) • 1. Discretionary with court. • 2. Intestate child must be under age 18. • 3. Evil acts proved by clear and convincing evidence. • 4. Evil conduct: • Abandon and fail to support for three years. • Knowingly abandoned pregnant mother. • Criminally responsible for death or serious injury to a child (not necessarily the intestate child).

  11. 7. Bad Spouse -- § 47A • 1. Divorce pending at the time of intestate spouse’s death based on his/her lack of mental capacity.

  12. 7. Bad Spouse -- § 47A • 2. Divorce not pending at time of death but: • a. Decedent married < 3 years.

  13. 7. Bad Spouse -- § 47A • 2. Divorce not pending at time of death but: • a. Decedent married < 3 years. • b. Application < 1 year after spouse’s death.

  14. 7. Bad Spouse -- § 47A • 2. Divorce not pending at time of death but: • a. Decedent married < 3 years. • b. Application < 1 year after spouse’s death. • c. Ground = lack of mental capacity at time of marriage.

  15. 7. Bad Spouse -- § 47A • 2. Divorce not pending at time of death but: • a. Decedent married < 3 years. • b. Application < 1 year after spouse’s death. • c. Ground = lack of mental capacity at time of marriage. • d. Decedent never recovered and recognized the marriage.

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