Only if no heirs. Note that many states stop looking at a designated generation.
16
Other Intestacy Matters
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Transcript of Only if no heirs. Note that many states stop looking at a designated generation.
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
