Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 5.042 - Abolition of Common-Law Rules(a) The common-law rules known as the rule in Shelley's case, the rule forbidding a remainder to the grantor's heirs, the doctrine of worthier title, and the doctrine or rule prohibiting an existing lien upon part of a homestead from extending to another part of the homestead not charged with the debts secured by the existing lien upon part of the homestead do not apply in this state.(b) A deed, will, or other conveyance of property in this state that limits an interest in the property to a particular person or to a class such as the heirs, heirs of the body, issue, or next of kin of the conveyor or of a person to whom a particular interest in the same property is limited is effective according to the intent of the conveyor.(c) Status as an heir or next of kin of a conveyor or the failure of a conveyor to describe a person in a conveyance other than as a member of a class does not affect a person's right to take or share in an interest as a conveyee.(d) Subject to the intention of a conveyor, which controls unless limited by law, the membership of a class described in this section and the participation of a member in a property interest conveyed to the class are determined under this state's laws of descent and distribution.(e) This section does not apply to a conveyance taking effect before January 1, 1964.Amended by Acts 1999, 76th Leg., ch. 1510, Sec. 5, eff. 9/1/1999. Acts 1983, 68th Leg., p. 3483, ch. 576, Sec. 1, eff. 1/1/1984.