Texas Estates Code 255.054 – Succession by Pretermitted Child If Testator Has No Living Child At Will’s Execution
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Texas Estates Code 255.054
- Child: includes an adopted child, regardless of whether the adoption occurred through:
(1) an existing or former statutory procedure; or
(2) an equitable adoption or acts of estoppel. See Texas Estates Code 22.004 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Intestate: Dying without leaving a will.
- Testator: A male person who leaves a will at death.
If a testator has no child living when the testator executes the testator’s last will, a pretermitted child succeeds to the portion of the testator’s separate and community estate, other than any portion of the estate devised to the pretermitted child’s other parent, to which the pretermitted child would have been entitled under § 201.001 if the testator had died intestate without a surviving spouse, except as limited by § 255.056.