Sec. 255.052. APPLICABILITY AND CONSTRUCTION. (a) Sections 255.053 and 255.054 apply only to a pretermitted child who is not:
(1) mentioned in the testator's will;
(2) provided for in the testator's will; or
(3) otherwise provided for by the testator.
(b) For purposes of this subchapter, a child is provided for or a provision is made for a child if a disposition of property to or for the benefit of the pretermitted child, whether vested or contingent, is made:
(1) in the testator's will, including a devise to a trustee under Section 254.001; or
(2) outside the testator's will and is intended to take effect at the testator's death.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Chapter 255 - Construction and Interpretation of Wills
Subchapter B. Succession by Pretermitted Child
Section 255.052. Applicability and Construction
Section 255.053. Succession by Pretermitted Child if Testator Has Living Child at Will's Execution
Section 255.055. Ratable Recovery by Pretermitted Child From Portions Passing to Other Beneficiaries
Section 255.056. Limitation on Reduction of Estate Passing to Surviving Spouse