This section governs how inheritance is allocated among collateral relatives who are related by whole blood or half blood.
The Statutory Rule
Sec. 201.057. COLLATERAL KINDRED OF WHOLE AND HALF BLOOD.
If the inheritance from an intestate passes to the collateral kindred of the intestate and part of the collateral kindred are of whole blood and the other part are of half blood of the intestate, each of the collateral kindred who is of half blood inherits only half as much as that inherited by each of the collateral kindred who is of whole blood. If all of the collateral kindred are of half blood of the intestate, each of the collateral kindred inherits a whole portion.
Explanation
What it does: This section adjusts inheritance shares among collateral heirs—such as siblings, nieces, and nephews—when inheritance passes to collateral kindred under Chapter 201—based on whether they are related to the intestate by whole blood or half blood.
Key rule:
- If both whole-blood and half-blood collateral kindred inherit, each half-blood relative takes half the share of each whole-blood relative.
- If all collateral kindred are of the half blood, they inherit equally.
Key concept: This distinction applies only at the collateral-kindred level of intestate succession and does not affect inheritance by descendants or ancestors.
Practice note: This section adjusts share size, not priority of inheritance.
Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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