Tex. Est. Code Section 255.055
Ratable Recovery by Pretermitted Child from Portions Passing to Other Beneficiaries


(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 Section 255.053 (Succession by Pretermitted Child if Testator Has Living Child at Will’s Execution)(b) or from the testamentary beneficiaries under Sections 255.053 (Succession by Pretermitted Child if Testator Has Living Child at Will’s Execution)(a) and 255.054 (Succession by Pretermitted Child if Testator Has No Living Child at Will’s Execution), 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Source: Section 255.055 — Ratable Recovery by Pretermitted Child from Portions Passing to Other Beneficiaries, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­255.­htm#255.­055 (accessed Jun. 5, 2024).

Accessed:
Jun. 5, 2024

§ 255.055’s source at texas​.gov