BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1048

80R6332 MTB-F                                                                                                             By: Watson

                                                                                                                                      Jurisprudence

                                                                                                                                            3/19/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, the mother and father of a person who dies intestate and who has no children or related descendents will inherit the estate of that person.  The law does not provide any stipulations regarding a parent who abandons support of a child who dies intestate.  As a result, the abandoning parent is entitled to receive benefits of that child's estate.    

 

As proposed, S.B. 1048 amends the laws of intestate succession in the Probate Code to bar any parent who has willfully abandoned the care and maintenance of the parent's child from any rights to intestate succession.   

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 41, Texas Probate Code, by adding Subsection (e), as follows:

 

(e)  Parent-Child Relationship.  Prohibits the parent of a child from inheriting from or through the child under the laws of descent and distribution if the probate court finds by clear and convincing evidence that grounds described by Section 161.001(1) (Involuntary Termination of Parent-Child Relationship), Family Code, existed for the involuntary termination of the parent-child relationship before the death of the child. 

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2007.