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Texas v. Oakley, 50 Tex. S. Ct. J. 869 (Tex. 2007).

Estate Administration

Claims

Wrongful Imprisonment

The Texas Supreme Court pointed out that Civil Practice and Remedies Code § 103.154(b) expressly provides for the nonsurvival of a decedent’s claim against the state for wrongful imprisonment.  Thus, upon the wrongfully imprisoned person’s death, the unpaid amounts are credited to the state and may not be paid to the person’s heirs, beneficiaries, or estate.  The court then held that because the claim did not survive, it was also unassignable during life.

Moral:  A person who is wrongfully imprisoned should collect all monies due from the state as soon as possible because any amount which is unpaid at the time of death will be forfeited.

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