Other Intestacy Matters

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