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Legal Wills for Minor in Texas

Question:   Does a Murderer still inherit from the person he killed?

Answer:   The short answer is no. This is not precisely a will contest, but contesting the distribution terms of the will. Texas Probate Code section 41(d)prevents a "beneficiary of a life insurance policy or contract who is convicted and sentenced as a principal or accomplice in willfully bringing about the death of the insured"...from inheriting due to wrongful conduct. Courts would impose a constructive trust on the wrongdoer in favor of different beneficiaries. See Bounds v. Caudle, 560 S.W.2d (Tex. 1977), appeal after remand, 611 S.W.2d 685 (Tex. Civ. App.--Corpus Christi, writ ref'd n.r.e.). In other words, the murderer inherits nothing.



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