Texas Property Code 240.051 – Disclaimer of Interest in Property
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(a) This section and Sections 240.0511 and 240.0512 apply to a disclaimer of an interest in property other than a disclaimer subject to § 240.052 or 240.053.
(b) If an interest in property passes because of the death of a decedent:
(1) a disclaimer of the interest:
(A) takes effect as of the time of the decedent’s death; and
(B) relates back for all purposes to the time of the decedent’s death; and
(2) the disclaimed interest is not subject to the claims of any creditor of the disclaimant.
Terms Used In Texas Property Code 240.051
- Decedent: A deceased person.
- Property: means real and personal property. See Texas Government Code 311.005
(c) If an interest in property passes because of an event not related to the death of a decedent:
(1) a disclaimer of the interest:
(A) takes effect:
(i) as of the time the instrument creating the interest became irrevocable; or
(ii) in the case of an irrevocable transfer made without an instrument, at the time of the irrevocable transfer; and
(B) relates back for all purposes to the time the instrument became irrevocable or the time of the irrevocable transfer, as applicable; and
(2) the disclaimed interest is not subject to the claims of any creditor of the disclaimant.
(d) A disclaimed interest passes according to any provision in the instrument creating the interest that provides for:
(1) the disposition of the interest if the interest were to be disclaimed; or
(2) the disposition of disclaimed interests in general.
(e) If the instrument creating the disclaimed interest does not contain a provision described by Subsection (d) and:
(1) if the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist; or
(2) if the disclaimant is an individual:
(A) except as provided by § 240.0511, if the interest is passing because of the death of a decedent, the disclaimed interest passes as if the disclaimant had died immediately before the time as of which the disclaimer takes effect under Subsection (b); or
(B) except as provided by § 240.0512, if the interest is passing because of an event not related to the death of a decedent, the disclaimed interest passes as if the disclaimant had died immediately before the time as of which the disclaimer takes effect under Subsection (c).
(f) A disclaimed interest that passes by intestacy passes as if the disclaimant died immediately before the decedent.