Does Section 41(e) of the Texas Probate Code Violate the Texas Constitution?
[view]Comment by Elizabeth HendersonThis comment provides an insightful overview of § 41(e) of the Texas Probate Code, which prevents a parent from inheriting from a deceased child when the parent has committed “bad acts” against the child, such as child abuse and abandonment. Henderson analyzes the flaws in the language of § 41(e); particularly that § 41(e) only applies to parents, rather than uncles, aunts, and grandparents and that it uses too broad a definition of the word “child.” The author also analyzes the constitutionality of § 41(e), concluding that it is unconstitutional in light of the prohibition on forfeiture of inheritances by the Texas Constitution. Henderson offers a logical solution that maintains the goal of § 41(e) but amends the statute and the Texas Constitution to rectify the statute’s flaws. Raising Healthy Child Support Laws: The Growing Pains Created by Texas Senate Bill 617 [view]Comment by Julie C. CaskeyIn this comment, Caskey discusses the potential negati
