Tex.
Prop. Code Section 240.051
Disclaimer of Interest in Property
(a)
This section and Sections 240.0511 (Disposition of Interest Passing Because of Decedent’s Death and Disclaimed by Individual) and 240.0512 (Disposition of Interest Passing Because of Event Other than Decedent’s Death and Disclaimed by Individual) apply to a disclaimer of an interest in property other than a disclaimer subject to Section 240.052 (Disclaimer of Rights in Survivorship Property) or 240.053 (Disclaimer of Interest by Trustee).(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.(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 Section 240.0511 (Disposition of Interest Passing Because of Decedent’s Death and Disclaimed by Individual), 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 Section 240.0512 (Disposition of Interest Passing Because of Event Other than Decedent’s Death and Disclaimed by Individual), 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.
Source:
Section 240.051 — Disclaimer of Interest in Property, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.240.htm#240.051 (accessed Apr. 29, 2024).
