This section clarifies that intestate succession does not depend on how or from whom the decedent acquired the property.
The Statutory Rule
Sec. 201.102. NO DISTINCTION BASED ON PROPERTY'S SOURCE.
A distinction may not be made, in regulating the descent and distribution of an estate of a person dying intestate, between property derived by gift, devise, or descent from the intestate's father, and property derived by gift, devise, or descent from the intestate's mother.
Explanation
What it does: This section abolishes distinctions based on whether property came from:
- the paternal line;
- the maternal line; or
- a particular ancestor.
Key concept: Once heirs are identified, inheritance does not depend on the property’s historical source.
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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