Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.
Escheat – Prop. Code § 71.001 • Only if no heirs. • Note that many states stop looking at a designated generation.
Intestacy Presumption – Prop. Code § 71.003 • Person dead for 7 years and no will probated.
Aliens – Prob. Code § 41(c) • Irrelevant.
Passage of Title – Prob. Code § 37 • Immediate from decedent to heir or will beneficiary. • But, subject to decedent’s debts. • But, PR has superior right to possess.
Posthumous Child – Prob. Code § 41(a) • Lineals can inherit. • Collaterals may not.
Conflict of Laws – Marital Rights • Law of spouse’s domicile at time of property acquisition.
Conflict of Laws – Succession Rights • Personal Property = Domicile at death
Conflict of Laws – Succession Rights • Real Property = Situs of Property
Conflict of Laws – Estate of Hanau – p. 69 • No equitable adjustment upon death of separate property acquired elsewhere that would have been community property if acquired in Texas. • Note: Some states do so by recognizing “quasi-community” property.
Tortious Interference with Inheritance Rights • Cause of action recognized in Texas.
Negative Will – Prob. Code § 58(b) • Recognized in Texas.
Designation of Heirs • Not allowed in Texas