1 / 15

Unworthy Heirs

Unworthy Heirs. 1. Forfeiture. Upon felony or treason conviction, all property to government. Prohibited in Texas. Constitution Art. I, § 21 Probate Code § 41(d). 2. Civil Death. Upon conviction of serious crime, property passes to heirs. Not recognized in Texas.

irish
Télécharger la présentation

Unworthy Heirs

An Image/Link below is provided (as is) to download presentation 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. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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.

More Related