Texas Estates Code 255.056 – Limitation On Reduction of Estate Passing to Surviving Spouse
Current as of: 2024 | Check for updates
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Terms Used In Texas Estates Code 255.056
- 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 - Testator: A male person who leaves a will at death.
If a pretermitted child‘s other parent is not the surviving spouse of the testator, the portion of the testator’s estate to which the pretermitted child is entitled under § 255.053(a) or 255.054 may not reduce the portion of the testator’s estate passing to the testator’s surviving spouse by more than one-half.