reglab/housing_qa huggingface dataset:
TX Est Code § 114.102 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 114 - Transfer on Death Deed|Subchapter C. Effect of Transfer on Death Deed; Liability of Transferred Property for Creditors' Claims|Section 114.102. Effect of Subsequent Conveyance on Transfer on Death Deed

Sec. 114.102.  EFFECT OF SUBSEQUENT CONVEYANCE ON TRANSFER ON DEATH DEED.  An otherwise valid transfer on death deed is void as to a subsequent grantee of an interest in real property that is conveyed by the transferor during the transferor's lifetime after the transfer on death deed is executed and recorded if:(1)  a valid instrument conveying the interest or a memorandum sufficient to give notice of the conveyance of the interest is recorded in the deed records in the county clerk's office of the same county in which the transfer on death deed is recorded; and(2)  the recording of the instrument or memorandum occurs before the transferor's death.|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 4, eff. September 1, 2019.|
TX Est Code § 114.103 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 114 - Transfer on Death Deed|Subchapter C. Effect of Transfer on Death Deed; Liability of Transferred Property for Creditors' Claims|Section 114.103. Effect of Transfer on Death Deed at Transferor's Death

Sec. 114.103.  EFFECT OF TRANSFER ON DEATH DEED AT TRANSFEROR'S DEATH.(a)  Except as otherwise provided in the transfer on death deed, this section, or any other statute or the common law of this state governing a decedent's estate, on the death of the transferor, the following rules apply to an interest in real property that is the subject of a transfer on death deed and owned by the transferor at death:(1)  if the designated beneficiary survives the transferor by 120 hours, the interest in the real property is transferred to the designated beneficiary in accordance with the deed;(2)  the share of any designated beneficiary that fails to survive the transferor by 120 hours lapses, notwithstanding Section 111.052, and is subject to and passes in accordance with Subchapter D, Chapter 255, as if the transfer on death deed were a devise made in a will; and(3)  subject to Subdivision (2), concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.(b)  If a transferor is a joint owner with right of survivorship who is survived by one or more other joint owners, the real property that is the subject of the transfer on death deed belongs to the surviving joint owner or owners.  If a transferor is a joint owner with right of survivorship who is the last surviving joint owner, the transfer on death deed is effective.(c)  If a transfer on death deed is made by two or more transferors who are joint owners with right of survivorship, the last surviving joint owner may revoke the transfer on death deed subject to Section 114.057.(d)  A transfer on death deed transfers real property without covenant of warranty of title even if the deed contains a contrary provision.|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.Amended by: Acts 2017, 85th Leg., R.S., Ch. 971 (S.B. 2150), Sec. 1, eff. September 1, 2017.|
TX Est Code § 114.104 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 114 - Transfer on Death Deed|Subchapter C. Effect of Transfer on Death Deed; Liability of Transferred Property for Creditors' Claims|Section 114.104. Transfer on Death Deed Property Subject to Liens and Encumbrances at Transferor's Death; Creditors' Claims

Sec. 114.104.  TRANSFER ON DEATH DEED PROPERTY SUBJECT TO LIENS AND ENCUMBRANCES AT TRANSFEROR'S DEATH; CREDITORS' CLAIMS.  (a)  Subject to Section 13.001, Property Code, a beneficiary takes the real property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the real property is subject at the transferor's death.  For purposes of this subsection and Section 13.001, Property Code, the recording of the transfer on death deed is considered to have occurred at the transferor's death.(b)  If a personal representative has been appointed for the transferor's estate, an administration of the estate has been opened, and the real property transferring under a transfer on death deed is subject to a lien or security interest, including a deed of trust or mortgage, the personal representative shall give notice to the creditor of the transferor as the personal representative would any other secured creditor under Section 308.053.  The creditor shall then make an election under Section 355.151 in the period prescribed by Section 355.152 to have the claim treated as a matured secured claim or a preferred debt and lien claim, and the claim is subject to the claims procedures prescribed by this section.(c)  If the secured creditor elects to have the claim treated as a preferred debt and lien claim, Sections 355.154 and 355.155 apply as if the transfer on death deed were a devise made in a will, and the creditor may not pursue any other claims or remedies for any deficiency against the transferor's estate.(d)  If the secured creditor elects to have the claim treated as a matured secured claim, Section 355.153 applies as if the transfer on death deed were a devise made in a will, and the claim is subject to the procedural provisions of this title governing creditor claims.|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.|
TX Est Code § 114.105 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 114 - Transfer on Death Deed|Subchapter C. Effect of Transfer on Death Deed; Liability of Transferred Property for Creditors' Claims|Section 114.105. Disclaimer

Sec. 114.105.  DISCLAIMER.  A designated beneficiary may disclaim all or part of the designated beneficiary's interest as provided by Chapter 122.|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.|
TX Est Code § 114.106 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 114 - Transfer on Death Deed|Subchapter C. Effect of Transfer on Death Deed; Liability of Transferred Property for Creditors' Claims|Section 114.106. Liability for Creditor Claims; Allowances in Lieu of Exempt Property and Family Allowances

Sec. 114.106.  LIABILITY FOR CREDITOR CLAIMS; ALLOWANCES IN LIEU OF EXEMPT PROPERTY AND FAMILY ALLOWANCES.  (a)  To the extent the transferor's estate is insufficient to satisfy a claim against the estate, expenses of administration, any estate tax owed by the estate, or an allowance in lieu of exempt property or family allowance to a surviving spouse, minor children, or incapacitated adult children, the personal representative may enforce that liability against real property transferred at the transferor's death by a transfer on death deed to the same extent the personal representative could enforce that liability if the real property were part of the probate estate.(b)  Notwithstanding Subsection (a), real property transferred at the transferor's death by a transfer on death deed is not considered property of the probate estate for any purpose, including for purposes of Section 531.077, Government Code.(c)  If a personal representative does not commence a proceeding to enforce a liability under Subsection (a) on or before the 90th day after the date the representative receives a demand for payment, a proceeding to enforce the liability may be brought by a creditor, a distributee of the estate, a surviving spouse of the decedent, a guardian or other appropriate person on behalf of a minor child or adult incapacitated child of the decedent, or any taxing authority.(d)  If more than one real property interest is transferred by one or more transfer on death deeds or if there are other nonprobate assets of the transferor that may be liable for the claims, expenses, and other payments specified in Subsection (a), the liability for those claims, expenses, and other payments may be apportioned among those real property interests and other assets in proportion to their net values at the transferor's death.(e)  A proceeding to enforce liability under this section must be commenced not later than the second anniversary of the transferor's death, except for any rights arising under Section 114.104(d).(f)  In connection with any proceeding brought under this section, a court may award costs and reasonable and necessary attorney's fees in amounts the court considers equitable and just.|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.|
TX Est Code § 121.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 121 - Survival Requirements|Subchapter A. General Provisions|Section 121.001. Applicability of Chapter

Sec. 121.001.  APPLICABILITY OF CHAPTER.  This chapter does not apply if provision has been made by will, living trust, deed, or insurance contract, or in any other manner, for a disposition of property that is different from the disposition of the property that would be made if the provisions of this chapter applied.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 121.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 121 - Survival Requirements|Subchapter B. Survival Requirement for Intestate Succession and Certain Other Purposes|Section 121.051. Applicability of Subchapter

Sec. 121.051.  APPLICABILITY OF SUBCHAPTER.  This subchapter does not apply if the application of this subchapter would result in the escheat of an intestate estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 121.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 121 - Survival Requirements|Subchapter B. Survival Requirement for Intestate Succession and Certain Other Purposes|Section 121.052. Required Period of Survival for Intestate Succession and Certain Other Purposes

Sec. 121.052.  REQUIRED PERIOD OF SURVIVAL FOR INTESTATE SUCCESSION AND CERTAIN OTHER PURPOSES.  A person who does not survive a decedent by 120 hours is considered to have predeceased the decedent for purposes of the homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly, except as otherwise provided by this chapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 121.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 121 - Survival Requirements|Subchapter B. Survival Requirement for Intestate Succession and Certain Other Purposes|Section 121.053. Intestate Succession: Failure to Survive Presumed Under Certain Circumstances

Sec. 121.053.  INTESTATE SUCCESSION:  FAILURE TO SURVIVE PRESUMED UNDER CERTAIN CIRCUMSTANCES.  A person who, if the person survived a decedent by 120 hours, would be the decedent's heir is considered not to have survived the decedent for the required period if:(1)  the time of death of the decedent or of the person, or the times of death of both, cannot be determined; and(2)  the person's survival for the required period after the decedent's death cannot be established.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 121.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 121 - Survival Requirements|Subchapter C. Survival Requirements for Certain Beneficiaries|Section 121.101. Required Period of Survival for Devisee

Sec. 121.101.  REQUIRED PERIOD OF SURVIVAL FOR DEVISEE.  A devisee who does not survive the testator by 120 hours is treated as if the devisee predeceased the testator unless the testator's will contains some language that:(1)  deals explicitly with simultaneous death or deaths in a common disaster; or(2)  requires the devisee to survive the testator, or to survive the testator for a stated period, to take under the will.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 121.102 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 121 - Survival Requirements|Subchapter C. Survival Requirements for Certain Beneficiaries|Section 121.102. Required Period of Survival for Contingent Beneficiary

Sec. 121.102.  REQUIRED PERIOD OF SURVIVAL FOR CONTINGENT BENEFICIARY.  (a)  If property is disposed of in a manner that conditions the right of a beneficiary to succeed to an interest in the property on the beneficiary surviving another person, the beneficiary is considered not to have survived the other person unless the beneficiary survives the person by 120 hours, except as provided by Subsection (b).(b)  If an interest in property is given alternatively to one of two or more beneficiaries, with the right of each beneficiary to take being dependent on that beneficiary surviving the other beneficiary or beneficiaries, and all of the beneficiaries die within a period of less than 120 hours, the property shall be divided into as many equal portions as there are beneficiaries.  The portions shall be distributed respectively to those who would have taken if each beneficiary had survived.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 121.151 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 121 - Survival Requirements|Subchapter D. Distribution of Certain Property on Person's Failure to Survive for Required Period|Section 121.151. Distribution of Community Property

Sec. 121.151.  DISTRIBUTION OF COMMUNITY PROPERTY.  (a)  This section applies to community property, including the proceeds of life or accident insurance that are community property and become payable to the estate of either the husband or wife.(b)  If a husband and wife die leaving community property but neither survives the other by 120 hours, one-half of all community property shall be distributed as if the husband had survived, and the other one-half shall be distributed as if the wife had survived.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 121.152 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 121 - Survival Requirements|Subchapter D. Distribution of Certain Property on Person's Failure to Survive for Required Period|Section 121.152. Distribution of Property Owned by Joint Owners

Sec. 121.152.  DISTRIBUTION OF PROPERTY OWNED BY JOINT OWNERS.  If property, including community property with a right of survivorship, is owned so that one of two joint owners is entitled to the whole of the property on the death of the other, but neither survives the other by 120 hours, one-half of the property shall be distributed as if one joint owner had survived, and the other one-half shall be distributed as if the other joint owner had survived.  If there are more than two joint owners and all of the joint owners die within a period of less than 120 hours, the property shall be divided into as many equal portions as there are joint owners and the portions shall be distributed respectively to those who would have taken if each joint owner survived.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 121.153 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 121 - Survival Requirements|Subchapter D. Distribution of Certain Property on Person's Failure to Survive for Required Period|Section 121.153. Distribution of Certain Insurance Proceeds

Sec. 121.153.  DISTRIBUTION OF CERTAIN INSURANCE PROCEEDS.  (a)  If the insured under a life or accident insurance policy and a beneficiary of the proceeds of that policy die within a period of less than 120 hours, the insured is considered to have survived the beneficiary for the purpose of determining the rights under the policy of the beneficiary or beneficiaries as such.(b)  This section does not prevent the applicability of Section 121.151 to proceeds of life or accident insurance that are community property.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 122.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 122 - Disclaimers and Assignments|Subchapter A. Disclaimer of Interest or Power|Section 122.001. Definitions

Sec. 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.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 3, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 3, eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 586 (S.B. 869), Sec. 2, eff. September 1, 2017.|
TX Est Code § 122.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 122 - Disclaimers and Assignments|Subchapter A. Disclaimer of Interest or Power|Section 122.002. Disclaimer

Sec. 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.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 3, eff. September 1, 2015.|
TX Est Code § 122.201 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 122 - Disclaimers and Assignments|Subchapter E. Assignment of Interest|Section 122.201. Assignment

Sec. 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.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 4, eff. September 1, 2015.|
TX Est Code § 122.202 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 122 - Disclaimers and Assignments|Subchapter E. Assignment of Interest|Section 122.202. Filing of Assignment

Sec. 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.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 5, eff. September 1, 2015.|
TX Est Code § 122.204 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 122 - Disclaimers and Assignments|Subchapter E. Assignment of Interest|Section 122.204. Failure to Comply

Sec. 122.204.  FAILURE TO COMPLY.  Failure to comply with Chapter 240, Property Code, does not affect an assignment.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 6, eff. September 1, 2015.|
TX Est Code § 122.205 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 122 - Disclaimers and Assignments|Subchapter E. Assignment of Interest|Section 122.205. Gift

Sec. 122.205.  GIFT.  An assignment under this subchapter is a gift to the assignee and is not a disclaimer under Chapter 240, Property Code.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 7, eff. September 1, 2015.|
TX Est Code § 122.206 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 122 - Disclaimers and Assignments|Subchapter E. Assignment of Interest|Section 122.206. Spendthrift Provision

Sec. 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.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|