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Non-Marital Individuals

Non-Marital Individuals. History. Old § 42 – total preclusion vis-à-vis father. History. Old § 42 – total preclusion vis-à-vis father. Trimble v. Gordon (1977) – must treat equally. History. Old § 42 – total preclusion vis-à-vis father. Trimble v. Gordon (1977) – must treat equally.

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Non-Marital Individuals

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  1. Non-Marital Individuals

  2. History • Old § 42 – total preclusion vis-à-vis father.

  3. History • Old § 42 – total preclusion vis-à-vis father. • Trimble v. Gordon (1977) – must treat equally.

  4. History • Old § 42 – total preclusion vis-à-vis father. • Trimble v. Gordon (1977) – must treat equally. • Lalli v. Lalli (1978) – state may impose a more demanding standard for non-marital children to inherit from father.

  5. Maternal Inheritance -- § 42(a) • Always child of biological mother; marital status irrelevant.

  6. Paternal Inheritance -- § 42(b) • Child must show paternity: • 1. Family Code presumptions.

  7. Paternal Inheritance -- § 42(b) • Child must show paternity: • 1. Family Code presumptions. • 2. Court decree of paternity.

  8. Paternal Inheritance -- § 42(b) • Child must show paternity: • 1. Family Code presumptions. • 2. Court decree of paternity. • 3. Father adopts.

  9. Paternal Inheritance -- § 42(b) • Child must show paternity: • 1. Family Code presumptions. • 2. Court decree of paternity. • 3. Father adopts. • 4. Father executes paternity statement.

  10. Paternal Inheritance -- § 42(b) • Child must show paternity: • 1. Family Code presumptions. • 2. Court decree of paternity. • 3. Father adopts. • 4. Father executes paternity statement. • 5. Post death determination of paternity by clear and convincing evidence.

  11. Paternal Inheritance -- § 42(b) • Child must show paternity: • 1. Family Code presumptions. • 2. Court decree of paternity. • 3. Father adopts. • 4. Father executes paternity statement. • 5. Post death determination of paternity by clear and convincing evidence. • 6. ART statutes.

  12. Frost Nat’l Bank v. Fernandez • 2010 Texas Supreme Court case • Discovery rule not apply to heirship claims by non-marital children (consistent with Little v. Smith which dealt with adoption).

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