(a) Sections 255.053 and 255.054 apply only to a pretermitted child who is not:
(1) mentioned in the testator‘s will;
(2) provided for in the testator’s will; or
(3) otherwise provided for by the testator.
(b) For purposes of this subchapter, a child is provided for or a provision is made for a child if a disposition of property to or for the benefit of the pretermitted child, whether vested or contingent, is made:
(1) in the testator’s will, including a devise to a trustee under § 254.001; or
(2) outside the testator’s will and is intended to take effect at the testator’s death.

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Terms Used In Texas Estates Code 255.052

  • 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
  • Devise: To gift property by will.
  • Property: means real and personal property. See Texas Government Code 311.005
  • Testator: A male person who leaves a will at death.
  • Trustee: A person or institution holding and administering property in trust.