 Upon felony or treason conviction, all property to government.  Prohibited in Texas.  Constitution Art. I, § 21  EC § 201.058(a)

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Presentation transcript:

 Upon felony or treason conviction, all property to government.  Prohibited in Texas.  Constitution Art. I, § 21  EC § (a)

 Upon conviction of serious crime, property passes to heirs.  Not recognized in Texas.

 Upon conviction of serious crime, prohibited from being an heir.  Not recognized in Texas.  EC § (a)

 Common law = forfeiture often occurred.  Texas = irrelevant.  EC §

 Texas slayer statute limited to life insurance.  Pritchett v. Henry (p. 39) adopts constructive trust approach.

 1. Discretionary with court.

 2. Intestate child must be under age 18.

 1. Discretionary with court.  2. Intestate child must be under age 18.  3. Evil acts proved by clear and convincing evidence.

 1. Discretionary with court.  2. Intestate child must be under age 18.  3. Evil acts proved by clear and convincing evidence.  4. Evil conduct: ▪ Abandon and fail to support for three years. ▪ Knowingly abandoned pregnant mother. ▪ Criminally responsible for death or serious injury to a child (not necessarily the intestate child).

 1. Divorce pending at the time of intestate spouse’s death based on his/her lack of mental capacity.

 2. Divorce not pending at time of death but:  a. Decedent married < 3 years.

 2. Divorce not pending at time of death but:  a. Decedent married < 3 years.  b. Application < 1 year after spouse’s death.

 2. Divorce not pending at time of death but:  a. Decedent married < 3 years.  b. Application < 1 year after spouse’s death.  c. Ground = lack of mental capacity at time of marriage.

 2. Divorce not pending at time of death but:  a. Decedent married < 3 years.  b. Application < 1 year after spouse’s death.  c. Ground = lack of mental capacity at time of marriage.  d. Decedent never recovered and recognized the marriage.