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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.

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Unworthy Heirs

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  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.

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