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Understanding Intestacy Matters and Heirship in Texas Law

This overview covers key aspects of intestacy law in Texas, specifically addressing issues like escheatment, heir presumptions, posthumous children, and the implications of marital domicile on succession rights. When someone dies without a will, Texas law outlines how property is passed, relevant to both personal and real estate. This includes recognizing the rights of posthumous children and the potential for tortious interference with inheritance rights. It clarifies how Texas handles designations of heirs and locating heirs, providing a comprehensive guide to navigating these complex legal protections and proceedings.

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Understanding Intestacy Matters and Heirship in Texas Law

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Presentation Transcript

  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 – PC § 41(c); EC § 201.060 • Irrelevant.

  5. Passage of TitlePC § 37; EC §§ 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.

  6. Posthumous ChildPC § 41(a); EC § 201.056 • 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 WillPC § 58(b); EC § 251.002 • Recognized in Texas.

  15. Designation of Heirs • Not allowed in Texas

  16. Locating Heirs

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