This section clarifies how children born of a void or voidable marriage are treated for intestate inheritance purposes.
The Statutory Rule
Sec. 201.055. ISSUE OF VOID OR VOIDABLE MARRIAGE.
The issue of a marriage declared void or voided by annulment shall be treated in the same manner as the issue of a valid marriage.
Explanation
What it does: This section provides that a child born of a marriage that is later declared void or voided by annulment is treated, for intestate succession purposes, as if the marriage had been valid.
Effect on inheritance: The validity of the parentsā marriage does not affect the childās right to inherit under Chapter 201. Once a parent-child relationship exists, the childās inheritance rights are the same as those of a child born of a valid marriage.
Key concept: This section protects the inheritance rights of children by severing intestacy analysis from defects in the parentsā marital status.
Practice note: This provision addresses the status of the child, not the inheritance rights of the parents. Parent-child relationships for intestacy purposes are addressed more generally in:
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