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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to set-off against the account in which the party has, or had immediately before the party's death, a present right of withdrawal.
(b) The amount of the account subject to set-off under this section is that proportion to which the debtor is, or was immediately before the debtor's death, beneficially entitled, and in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal.
Cite this article: FindLaw.com - Texas Estates Code - EST § 113.210. Set-Off to Financial Institution - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-113-210/
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