Texas Probate Code - Section 41. Matters Affecting And Not Affecting The Right To Inherit
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§ 41. MATTERS AFFECTING AND NOT AFFECTING THE RIGHT TO
INHERIT. (a) Persons Not in Being. No right of inheritance shall
accrue to any persons other than to children or lineal descendants
of the intestate, unless they are in being and capable in law to
take as heirs at the time of the death of the intestate.
(b) Heirs of Whole and Half Blood. In situations where the
inheritance passes to the collateral kindred of the intestate, if
part of such collateral be of the whole blood, and the other part be
of the half blood only, of the intestate, each of those of half
blood shall inherit only half so much as each of those of the whole
blood; but if all be of the half blood, they shall have whole
portions.
(c) Alienage. No person is disqualified to take as an heir
because he or a person through whom he claims is or has been an
alien.
(d) Convicted Persons and Suicides. No conviction shall
work corruption of blood or forfeiture of estate, except in the case
of a beneficiary in a life insurance policy or contract who is
convicted and sentenced as a principal or accomplice in wilfully
bringing about the death of the insured, in which case the proceeds
of such insurance policy or contract shall be paid as provided in
the Insurance Code of this State, as same now exists or is hereafter
amended; nor shall there be any forfeiture by reason of death by
casualty; and the estates of those who destroy their own lives
shall descend or vest as in the case of natural death.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by
Acts 1969, 61st Leg., p. 1922, ch. 641, § 2, eff. June 12, 1969.
Section: 37 37A 37B 37C 38 39 40 41 42 43 44 45 46 47 48
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Last modified: August 10, 2007
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