Texas Wills and Probate Law
DISCLAIMERS AND ASSIGNMENTS
TEXAS ESTATES CODE, TITLE 2. SUBTITLE C. CHAPTER 122.
DISCLAIMER OF INTEREST OR POWER
§ 122.001. DEFINITIONS.
In this subchapter:
(1) "Beneficiary" includes a person who would have been entitled, if the person had not made a disclaimer, to receive property as a result of the death of another person:
(A) by inheritance;
(B) under a will;
(C) by an agreement between spouses for community property with a right of survivorship;
(D) by a joint tenancy with a right of survivorship;
(E) by a survivorship agreement, account, or interest in which the interest of the decedent passes to a surviving beneficiary;
(F) by an insurance, annuity, endowment, employment, deferred compensation, or other contract or arrangement;
(G) under a pension, profit sharing, thrift, stock bonus, life insurance, survivor income, incentive, or other plan or program providing retirement, welfare, or fringe benefits with respect to an employee or a self-employed individual;
(H) by a transfer on death deed; or
(I) by a beneficiary designation as defined by Section 115.001.
(2) "Disclaim" and "disclaimer" have the meanings assigned by Section 240.002, Property Code.
§ 122.002. DISCLAIMER.
A person who may be entitled to receive property as a beneficiary may disclaim the person's interest in or power over the property in accordance with Chapter 240, Property Code.
ASSIGNMENT OF INTEREST
§ 122.201. ASSIGNMENT.
A person who is entitled to receive property or an interest in property from a decedent under a will, by inheritance, or as a beneficiary under a life insurance contract, and does not disclaim the property under Chapter 240, Property Code, may assign the property or interest in property to any person.
§ 122.202. FILING OF ASSIGNMENT.
An assignment may, at the request of the assignor, be delivered or filed as provided for the delivery or filing of a disclaimer under Subchapter C, Chapter 240, Property Code.
§ 122.204. FAILURE TO COMPLY.
Failure to comply with Chapter 240, Property Code, does not affect an assignment.
§ 122.205. GIFT.
An assignment under this subchapter is a gift to the assignee and is not a disclaimer under Chapter 240, Property Code.
§ 122.206. SPENDTHRIFT PROVISION.
An assignment of property or interest that would defeat a spendthrift provision imposed in a trust may not be made under this subchapter.