Texas Property Code

§ 181.052 — REQUISITES OF RELEASE

PR § 181.052Title 10. MISCELLANEOUS BENEFICIAL PROPERTY INTERESTS · Part C. POWERS OF APPOINTMENT · Ch. 181. POWERS OF APPOINTMENT · Art. B. RELEASE OF POWERS OF APPOINTMENT

Statute text

View on source

(a)A partial or complete release of a power, with or without consideration, is valid if the donee executes and acknowledges, in the manner required by law for the execution and recordation of deeds, an instrument evidencing an intent to make the release, and the instrument is delivered:

(1)to the person or in the manner specified in the instrument creating the power;

(2)to an adult, other than the donee releasing the power, who may take any of the property subject to the power if the power is not exercised or in whose favor it may be exercised after the partial release;

(3)to a trustee or cotrustee of the property subject to the power; or

(4)to an appropriate county clerk for recording.

(b)An instrument releasing a power may be recorded in a county in this state in which:

…

Legislative history

Acts 1983, 68th Leg., p. 3724, ch. 576, Sec. 1, eff. Jan. 1, 1984.