Texas Statutes (Last Updated: January 4, 2014) |
ESTATES CODE |
Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY |
Subtitle E. INTESTATE SUCCESSION |
Chapter 201. DESCENT AND DISTRIBUTION |
Subchapter B. MATTERS AFFECTING INHERITANCE |
Sec. 201.053. EFFECT OF RELIANCE ON AFFIDAVIT OF HEIRSHIP
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(a) A person who purchases for valuable consideration any interest in property of the heirs of a decedent acquires good title to the interest that the person would have received, as purchaser, in the absence of a claim of the child described by Subdivision (1), if the person:
(1) in good faith relies on the declarations in an affidavit of heirship that does not include a child who at the time of the sale or contract of sale of the property:
(A) is not a presumed child of the decedent; and
(B) has not under a final court decree or judgment been found to be entitled to treatment under Section 201.052 as a child of the decedent; and
(2) is without knowledge of the claim of the child described by Subdivision (1).
(b) Subsection (a) does not affect any liability of the heirs for the proceeds of a sale described by Subsection (a) to the child who was not included in the affidavit of heirship.