This section clarifies the effect of death by casualty on inheritance rights under Texas intestacy law.
The Statutory Rule
Sec. 201.059. PERSON WHO DIES BY CASUALTY.
Death by casualty does not result in forfeiture of estate.
Explanation
What it does: This section provides that a person’s estate is not forfeited merely because the person died by casualty.
Key concept: The manner of death—when characterized as a casualty—does not, by itself, affect intestate inheritance rights or cause forfeiture of the decedent’s estate.
Scope: The statute is limited to forfeiture. It does not address:
- survivorship requirements;
- simultaneous death;
- disqualification of heirs; or
- allocation of estate property.
Those issues are governed by other provisions of the Estates Code.
Practice note: This section preserves inheritance rights by preventing forfeiture based solely on the fact that the decedent’s death resulted from a casualty.
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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