Texas Estates Code 255.055 – Ratable Recovery by Pretermitted Child From Portions Passing to Other Beneficiaries
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(a) A pretermitted child may recover the share of the testator‘s estate to which the child is entitled from the testator’s other children under § 255.053(b) or from the testamentary beneficiaries under Sections 255.053(a) and 255.054, other than the pretermitted child’s other parent, ratably, out of the portions of the estate passing to those persons under the will.
(b) In abating the interests of the beneficiaries described by Subsection (a), the character of the testamentary plan adopted by the testator must be preserved to the maximum extent possible.
Terms Used In Texas Estates Code 255.055
- Child: includes an adopted child, regardless of whether the adoption occurred through:
(1) an existing or former statutory procedure; or
(2) an equitable adoption or acts of estoppel. See Texas Estates Code 22.004 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Testator: A male person who leaves a will at death.