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Texas Property Code - PROP § 240.151. When Disclaimer Barred or Limited

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

(a) A disclaimer is barred by a written waiver of the right to disclaim.

(b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:

(1) the disclaimant accepts the interest sought to be disclaimed by:

(A) taking possession of the interest; or

(B) exercising dominion and control over the interest;

(2) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or

(3) the interest sought to be disclaimed is sold under a judicial sale.

(c) The acceptance of an interest in property by a person in the person's fiduciary capacity is not an acceptance of the interest in the person's individual capacity and does not bar the person from disclaiming the interest in the person's individual capacity.

(d) A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by the previous exercise of the power.

(e) A disclaimer, in whole or in part, of the future exercise of a power not held in a fiduciary capacity is not barred by the previous exercise of the power unless the power is exercisable in favor of the disclaimant.

(f) A disclaimer of:

(1) a power over property that is barred by this section is ineffective; and

(2) an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under Subchapter B had the disclaimer not been barred.

(g) A disclaimer by a child support obligor is barred as to disclaimed property that could be applied to satisfy the disclaimant's child support obligations if those obligations have been:

(1) administratively determined as evidenced by a certified child support payment record produced by the Title IV-D agency in a Title IV-D case ; or

(2) confirmed and reduced to judgment as provided by Section 157.263, Family Code.

(h) If Subsection (g) applies, the child support obligee to whom child support arrearages are owed or the Title IV-D agency may enforce the child support obligation against the disclaimant as to disclaimed property by a lien or by any other remedy provided by law.

(i) In this section:

(1) “Title IV-D agency” has the meaning assigned by Section 101.033, Family Code.

(2) “Title IV-D case” has the meaning assigned by Section 101.034, Family Code.

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Cite this article: FindLaw.com - Texas Property Code - PROP § 240.151. When Disclaimer Barred or Limited - last updated January 01, 2024 | https://codes.findlaw.com/tx/property-code/prop-sect-240-151/

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