
Disqualification:
Breach of Parental Obligations (neglect, abuse) – Texas doesn’t appear to bar this but UPC does
Breach of Marital Obligations (divorce, adultery):
• Texas bars this through §38 – “husband, wife” for intestate succession
• §69 removes ex-spouse from will unless will expressly provides otherwise
• UPC removes step-kids and in-laws for both takers and executors but Texas doesn’t
• Ex-spouses removed from life insurance/pensions but not trust agreements
Homicide:
• Texas deals with convictions through §41d through imposition of constructive trust (equitable remedy despite the law – unjust enrichment theory)
• In re Tarlo:
– Three weaknesses with PA statute:
– “Finally adjudged guilty” – does this only include criminal trials?
• Should also include civil
• Appears to only include criminal
• UPC §2-803 fixes this
• Texas deals with this through unjust enrichment and may find in civil trial without criminal conviction
– “Murder 1 or 2” only
• Should also include manslaughter
• UPC states “feloniously and intentionally” kills, but “intentionally” creates problems with involuntary manslaughter
– Penalty – can’t take by intestate succession ONLY but can take by will, life insurance, pension, etc.
• UPC disallows joint tenancy, life insurance
• Texas also deals with life insurance (§21.33) and can expand the reading
• NY also has no slayer statute (neither does Texas)
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