§ 44. ADVANCEMENTS. (a) If a decedent dies intestate as to all or a portion of the decedent's estate, property the decedent gave during the decedent's lifetime to a person who, on the date of the decedent's death, is the decedent's heir, or property received by a decedent's heir under a nontestamentary transfer under Chapter XI of this code is an advancement against the heir's intestate share only if: (1) the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift or nontestamentary transfer is an advancement; or (2) the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift or nontestamentary transfer is to be taken into account in computing the division and distribution of the decedent's intestate estate. (b) For purposes of Subsection (a) of this section, property that is advanced is valued at the time the heir came into possession or enjoyment of the property or at the time of the decedent's death, whichever occurs first. (c) If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise. Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1993, 73rd Leg., ch. 846, § 4, eff. Sept. 1, 1993.

Section: Previous 37C 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next

Texas Lawyers

Doug Goyen Dallas - Fort Worth Injury Lawyer.
Wigington Rumley Houston Injury Lawyer.
JT Borah Denton Divorce Lawyer.
Helbing Firm Dallas Business Attorney.
Hersh Law Firm Dallas Employment Lawyer.
Nancy Kennedy Dallas Criminal Defense Lawyer.
John O. Kain Houston Mediator.
Forman Law Firm Texas Securities Lawyer.
Francisco G. Medina Houston Personal Injury Lawyer.
Anderson & Jones Dallas Business Attorney.
Derk A. Wadas Dallas Criminal Defense Attorney.
J. Michael Clay San Antonio Family Lawyer.

Last modified: August 10, 2007