Texas Property Code 240.104 – Disclaimer of Interest in Inter Vivos Trust
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Terms Used In Texas Property Code 240.104
- Inter vivos: Transfer of property from one living person to another living person.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
- Trustee: A person or institution holding and administering property in trust.
In the case of an interest in an inter vivos trust:
(1) a disclaimer must be delivered to the trustee then serving, or, if no trustee is then serving, a disclaimer must be filed:
(A) with a court having jurisdiction to enforce the trust; or
(B) in the official public records of the county in which:
(i) the situs of administration of the trust is maintained; or
(ii) the settlor is domiciled or was domiciled on the date of the settlor’s death; and
(2) if a disclaimer is made before the time the instrument creating the trust becomes irrevocable, a disclaimer must be delivered to the settlor of a revocable trust or the transferor of the interest.