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Other Intestacy Matters

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 – Prob. Code § 41(c). Irrelevant.

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Other Intestacy Matters

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  1. Other Intestacy Matters

  2. Escheat – Prop. Code § 71.001 • Only if no heirs. • Note that many states stop looking at a designated generation.

  3. Intestacy Presumption – Prop. Code § 71.003 • Person dead for 7 years and no will probated.

  4. Aliens – Prob. Code § 41(c) • Irrelevant.

  5. 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.

  6. Posthumous Child – Prob. Code § 41(a) • Lineals can inherit. • Collaterals may not.

  7. Posthumous Child -- Problem 1, page 68

  8. Posthumous Child -- Problem 3, page 68

  9. Conflict of Laws – Marital Rights • Law of spouse’s domicile at time of property acquisition.

  10. Conflict of Laws – Succession Rights • Personal Property = Domicile at death

  11. Conflict of Laws – Succession Rights • Real Property = Situs of Property

  12. 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.

  13. Tortious Interference with Inheritance Rights • Cause of action recognized in Texas.

  14. Negative Will – Prob. Code § 58(b) • Recognized in Texas.

  15. Designation of Heirs • Not allowed in Texas

  16. Locating Heirs

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