Other Intestacy Matters

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 – EC § 201.060

Irrelevant.

Passage of TitleEC §§ 101.001 & 101.003

Immediate from decedent to heir or will beneficiary.

But, subject to decedent’s debts.

But, PR has superior right to possess.

Posthumous Child -- EC § 201.056

Lineals can inherit.

Collaterals may not.

Posthumous Child -- Problem 1, page 69

Will X inherit a portion of H’s separate property?

A. Yes.B. Yes, only if born within 9

months of H’s death.C. No.

Posthumous Child -- Problem 3, page 69

Will posthumous niece/nephewinherit a portion of Peter’s separate property?

A. Yes.B. Yes, only if

born within 9 months of H’s death.

C. No.

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. 70

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 -- EC § 251.002

Recognized in Texas.

Designation of Heirs

Not allowed in Texas

Locating Heirs