Tex. Prop. Code Section 240.0511
Disposition of Interest Passing Because of Decedent’s Death and Disclaimed by Individual

(a)

Subject to Subsection (b):

(1)

if by law or under the instrument creating the disclaimed interest the descendants of a disclaimant of an interest passing because of the death of a decedent would share in the disclaimed interest by any method of representation under Section 240.051 (Disclaimer of Interest in Property)(e)(2)(A), the disclaimed interest passes only to the descendants of the disclaimant who survive the decedent; or

(2)

if the disclaimed interest would have passed to the disclaimant’s estate under Section 240.051 (Disclaimer of Interest in Property)(e)(2)(A), the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the decedent.

(b)

If no descendant of the disclaimant survives the decedent, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor’s intestate estate under the intestate succession law of the transferor’s domicile had the transferor died immediately before the decedent, except that if the transferor’s surviving spouse is living but remarried before the decedent’s death, the transferor is considered to have died unmarried immediately before the decedent’s death.

(c)

On the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died immediately before the decedent, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.

Source: Section 240.0511 — Disposition of Interest Passing Because of Decedent's Death and Disclaimed by Individual, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­240.­htm#240.­0511 (accessed Apr. 29, 2024).

240.001
Short Title 240.002
Definitions 240.003
Applicability of Chapter 240.004
Chapter Supplemented by Other Law 240.005
Uniformity of Application and Construction 240.006
Power to Disclaim by Person Other than Fiduciary 240.007
Power to Disclaim Power Held in Fiduciary Capacity by Person Designated to Serve as or Serving as Fiduciary 240.008
Power to Disclaim by Fiduciary Acting in Fiduciary Capacity 240.009
Power to Disclaim 240.051
Disclaimer of Interest in Property 240.052
Disclaimer of Rights in Survivorship Property 240.053
Disclaimer of Interest by Trustee 240.054
Disclaimer of Power of Appointment or Other Power Not Held in Fiduciary Capacity 240.055
Disclaimer by Appointee Of, or Object or Taker in Default of Exercise Of, Power of Appointment 240.056
Disclaimer of Power Held in Fiduciary Capacity 240.057
Tax Qualified Disclaimer 240.058
Partial Disclaimer by Spouse 240.0081
Notice Required by Trustee Disclaiming Certain Interests in Property 240.101
Delivery or Filing Generally 240.102
Disclaimer of Interest Created Under Intestate Succession or Will 240.103
Disclaimer of Interest in Testamentary Trust 240.104
Disclaimer of Interest in Inter Vivos Trust 240.105
Disclaimer of Interest Created by Beneficiary Designation 240.106
Disclaimer by Surviving Holder of Survivorship Property 240.107
Disclaimer by Object or Taker in Default of Exercise of Power of Appointment 240.108
Disclaimer by Certain Appointees 240.109
Disclaimer by Certain Fiduciaries 240.110
Disclaimer of Power by Agent 240.111
Recording of Disclaimer 240.151
When Disclaimer Barred or Limited 240.0501
Definition 240.0511
Disposition of Interest Passing Because of Decedent’s Death and Disclaimed by Individual 240.0512
Disposition of Interest Passing Because of Event Other than Decedent’s Death and Disclaimed by Individual
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

§ 240.0511’s source at texas​.gov