§ 240.0511 — DISPOSITION OF INTEREST PASSING BECAUSE OF DECEDENT'S DEATH AND DISCLAIMED BY INDIVIDUAL.

Texas § 240.0511

• Jurisdiction: Texas
• Code PR: Property Code

Text

Sec. 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 (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 (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.

Legislative History

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