 Only if no heirs.  Note that many states stop looking at a designated generation.

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Presentation transcript:

 Only if no heirs.  Note that many states stop looking at a designated generation.

 Person dead for 7 years and no will probated.

 Irrelevant.

 Immediate from decedent to heir or will beneficiary.  But, subject to decedent’s debts.  But, PR has superior right to possess.

 Lineals can inherit.  Collaterals may not.

Will X inherit a portion of H’s separate property? A.Yes. B.Yes, only if born within 9 months of H’s death. C.No.

Will posthumous niece/nephew inherit a portion of Peter’s separate property? A.Yes. B.Yes, only if born within 9 months of H’s death. C.No.

 Law of spouse’s domicile at time of property acquisition.

 Personal Property = Domicile at death

 Real Property = Situs of Property

 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.

 Cause of action recognized in Texas.

 Recognized in Texas.

 Not allowed in Texas