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Understanding Heirship: Whole Blood vs. Half Blood in Estate Law

This text explores the distinctions between whole-blooded heirs and half-blooded heirs in the context of intestate succession. Specifically, it clarifies who qualifies as collateral relatives—those related to an intestate individual, such as siblings—and the implications of sharing parental lineage. The modern rule often disregards these distinctions, while the Texas (Scottish) rule stipulates that half-blooded heirs inherit half as much as their whole-blooded counterparts. This differentiation can significantly impact estate distribution and understanding heirship laws in Texas.

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Understanding Heirship: Whole Blood vs. Half Blood in Estate Law

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  1. Half-Blooded Heirs

  2. Whole Blood • Collateral relatives of the intestate (e.g., siblings) who share both parents in common.

  3. Half Blood • Collateral relatives of the intestate (e.g., siblings) who share only oneparent in common. X

  4. Relevancy – PC § 41(b); EC § 201.057 • 1. Modern rule = irrelevant • 2. Texas (Scottish) rule = each half-blood receives half as much as each whole-blood

  5. Problem 2, page 12

  6. Additional Problem

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