Texas Property Code

§ 240.052 — DISCLAIMER OF RIGHTS IN SURVIVORSHIP PROPERTY

PR § 240.052Title 13. DISCLAIMER OF PROPERTY INTERESTS · Ch. 240. TEXAS UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT · Art. B. TYPE AND EFFECT OF DISCLAIMER

Statute text

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(a)On the death of a holder of survivorship property, a surviving holder may disclaim, in whole or in part, an interest in the property of the deceased holder that would have otherwise passed to the surviving holder by reason of the deceased holder's death.

(b)If an interest in survivorship property is disclaimed by a surviving holder of the property:

(1)the disclaimer:

(A)takes effect as of the time of the deceased holder's death; and

(B)relates back for all purposes to the time of the deceased holder's death; and

(2)the disclaimed interest is not subject to the claims of any creditor of the disclaimant.

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Legislative history

Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.