Sec. 255.054. SUCCESSION BY PRETERMITTED CHILD IF TESTATOR HAS NO LIVING CHILD AT WILL'S EXECUTION. If a testator has no child living when the testator executes the testator's last will, a pretermitted child succeeds to the portion of the testator's separate and community estate, other than any portion of the estate devised to the pretermitted child's other parent, to which the pretermitted child would have been entitled under Section 201.001 if the testator had died intestate without a surviving spouse, except as limited by Section 255.056.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.28, 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