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Texas Property Code - PROP § 240.009. Power to Disclaim; General Requirements; When Irrevocable

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) To be effective, a disclaimer must:

(1) be in writing;

(2) declare the disclaimer;

(3) describe the interest or power disclaimed;

(4) be signed by the person making the disclaimer; and

(5) be delivered or filed in the manner provided by Subchapter C.

(b) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.

(c) A disclaimer is irrevocable on the later of the date the disclaimer:

(1) is delivered or filed under Subchapter C; or

(2) takes effect as provided in Sections 240.051-240.056.

(d) A disclaimer made under this chapter is not a transfer, assignment, or release.

(e) A disclaimer of an interest in property made by an individual must contain a statement under penalty of perjury regarding whether the disclaimant is a child support obligor whose disclaimer is barred under Section 240.151(g). An individual's failure to include the statement does not invalidate a disclaimer if the disclaimer is not barred under Section 240.151(g).

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Cite this article: FindLaw.com - Texas Property Code - PROP § 240.009. Power to Disclaim; General Requirements; When Irrevocable - last updated January 01, 2024 | https://codes.findlaw.com/tx/property-code/prop-sect-240-009/

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