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Rogers v. Foxworth, 214 S.W.3d 196 (Tex. App.—Tyler 2007, no pet. h.).

Intestate Succession

Economic Contribution

After death of Father, Daughters claimed economic contribution from Step-Mother for his contributions to her separate property, a house and a teacher retirement account, based on Family Code § 3.403.  These contributions would then enhance Daughters’ intestate share as they are entitled to all of their Father’s one-half interest in the community property under Probate Code § 45.

The appellate court denied Daughters’ claim against the house because they failed to show that the house increased in value because of the economic contributions.  Daughters were able to show that community property was used to reduce the balance owed on Step-Mother’s house.  However, evidence was needed to show the enhancement in value to the Step-Mother’s house due to the expenditure of community funds.

The appellate court also denied Daughter’s claim against the teacher retirement account.  The account was governed by Government Code § 804.001(3) which provides that the death of spouse terminates the interest of the spouse.  Thus, by operation of law, Daughters could not recover for the enhanced value of the retirement account due to community contributions.

Moral:  When attempting to show economic contribution, be certain to present evidence of the increased value due to the contribution.

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