Where a descendant entitled to a share dies, their share of the common matrimonial property is not part of their estate. Where the descendant has descendants who would be entitled to a share if the descendant entitled to a share had not survived the deceased spouse, the descendants take their place. If they have no such descendants, their share accrues to the other descendants entitled to a share and, if there are no such descendants, to the surviving spouse.
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Book 4 · Family law › Subchapter 5 · Continued community of property › Section 1490
Death of a descendant
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