reglab/housing_qa huggingface dataset:
TX Est Code § 113.207 (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 113 - Multiple-Party Accounts|Subchapter E. Protection of Financial Institutions|Section 113.207. Liability for Payment From Joint Account After Death

Sec. 113.207.  LIABILITY FOR PAYMENT FROM JOINT ACCOUNT AFTER DEATH.  A financial institution that pays an amount from a joint account to a surviving party to that account in accordance with a written agreement under Section 113.151 is not liable to an heir, devisee, or beneficiary of the deceased party's estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 113.208 (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 113 - Multiple-Party Accounts|Subchapter E. Protection of Financial Institutions|Section 113.208. Liability for Payment From Convenience Account

Sec. 113.208.  LIABILITY FOR PAYMENT FROM CONVENIENCE ACCOUNT.  (a)  A financial institution is completely released from liability for a payment made from a convenience account before the financial institution receives notice in writing signed by a party not to make the payment in accordance with the terms of the account.  After receipt of the notice from a party, the financial institution may require a party to approve any further payments from the account.(b)  A financial institution that makes a payment of the sums on deposit in a convenience account to a convenience signer after the death of the last surviving party, but before the financial institution receives written notice of the last surviving party's death, is completely released from liability for the payment.(c)  A financial institution that makes a payment of the sums on deposit in a convenience account to the personal representative of the deceased last surviving party's estate after the death of the last surviving party, but before a court order prohibiting payment is served on the financial institution, is, to the extent of the payment, released from liability to any person claiming a right to the funds.  The personal representative's receipt of the funds is a complete release and discharge of the financial institution.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 113.209 (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 113 - Multiple-Party Accounts|Subchapter E. Protection of Financial Institutions|Section 113.209. Discharge From Claims

Sec. 113.209.  DISCHARGE FROM CLAIMS.  (a)  Payment made in accordance with Section 113.202, 113.203, 113.204, 113.205, or 113.207 discharges the financial institution from all claims for those amounts paid regardless of whether the payment is consistent with the beneficial ownership of the account between parties, P.O.D. payees, or beneficiaries, or their successors.(b)  The protection provided by Subsection (a) does not extend to payments made after a financial institution receives, from any party able to request present payment, written notice to the effect that withdrawals in accordance with the terms of the account should not be permitted.  Unless the notice is withdrawn by the person giving the notice, the successor of a deceased party must concur in a demand for withdrawal for the financial institution to be protected under Subsection (a).(c)  No notice, other than the notice described by Subsection (b), or any other information shown to have been available to a financial institution affects the institution's right to the protection provided by Subsection (a).(d)  The protection provided by Subsection (a) does not affect the rights of parties in disputes between the parties or the parties' successors concerning the beneficial ownership of funds in, or withdrawn from, multiple-party accounts.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 113.210 (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 113 - Multiple-Party Accounts|Subchapter E. Protection of Financial Institutions|Section 113.210. Set-Off to Financial Institution

Sec. 113.210.  SET-OFF TO FINANCIAL INSTITUTION.  (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.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 113.251 (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 113 - Multiple-Party Accounts|Subchapter F. Rights of Creditors; Pledge of Account|Section 113.251. Pledge of Account

Sec. 113.251.  PLEDGE OF ACCOUNT.  (a)  A party to a multiple-party account may pledge the account or otherwise create a security interest in the account without the joinder of, as applicable, a P.O.D. payee, a beneficiary, a convenience signer, or any other party to a joint account, regardless of whether  a right of survivorship exists.(b)  A convenience signer may not pledge or otherwise create a security interest in an account.(c)  Not later than the 30th day after the date a security interest on a multiple-party account is perfected, a secured creditor that is a financial institution with accounts insured by the Federal Deposit Insurance Corporation shall provide written notice of the pledge of the account to any other party to the account who did not create the security interest.  The notice must be sent by certified mail to each other party at the last address the party provided to the depository bank.(d)  The financial institution is not required to provide the notice described by Subsection (c) to a P.O.D. payee, beneficiary, or convenience signer.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 113.252 (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 113 - Multiple-Party Accounts|Subchapter F. Rights of Creditors; Pledge of Account|Section 113.252. Rights of Creditors

Sec. 113.252.  RIGHTS OF CREDITORS.  (a)  A multiple-party account is not effective against:(1)  an estate of a deceased party to transfer to a survivor:(A)  amounts equal to the amounts of estate taxes and expenses charged under Subchapter A, Chapter 124, to the deceased party, P.O.D. payee, or beneficiary of the account; or(B)  if other assets of the estate are insufficient, amounts needed to pay debts, other taxes, and expenses of administration, including statutory allowances to the surviving spouse and minor children; or(2)  the claim of a secured creditor who has a lien on the account.(b)  A party, P.O.D. payee, or beneficiary who receives payment from a multiple-party account or causes a payment to be made to another person from a multiple-party account after the death of a deceased party is liable to account to the deceased party's personal representative for amounts the deceased party owned beneficially immediately before the party's death to the extent necessary to discharge the claims, expenses, and charges described by Subsection (a). The party, P.O.D. payee, or beneficiary is not liable in an amount greater than the amount the party, P.O.D. payee, or beneficiary received or caused to be paid to another person from the multiple-party account after the deceased party's death.(c)  Any proceeding by the personal representative of a deceased party to assert liability under Subsection (b):(1)  may be commenced only if the personal representative receives a written demand by a surviving spouse, a creditor, or a person acting on behalf of a minor child of the deceased party; and(2)  must be commenced on or before the second anniversary of the death of the deceased party.(d)  Amounts recovered by the personal representative under this section must be administered as part of the decedent's estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.Amended by: Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 4, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 3, eff. September 1, 2019.|
TX Est Code § 113.253 (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 113 - Multiple-Party Accounts|Subchapter F. Rights of Creditors; Pledge of Account|Section 113.253. No Effect on Certain Rights and Liabilities of Financial Institutions

Sec. 113.253.  NO EFFECT ON CERTAIN RIGHTS AND LIABILITIES OF FINANCIAL INSTITUTIONS.  This subchapter does not:(1)  affect the right of a financial institution to make payment on multiple-party accounts according to the terms of the account; or(2)  make the financial institution liable to the estate of a deceased party unless, before payment, the institution received written notice from the personal representative stating the amounts needed to pay debts, taxes, claims, and expenses of administration.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 114.001 (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 114 - Transfer on Death Deed|Subchapter A. General Provisions|Section 114.001. Short Title

Sec. 114.001.  SHORT TITLE.  This chapter may be cited as the Texas Real Property Transfer on Death Act.|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.|
TX Est Code § 114.002 (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 114 - Transfer on Death Deed|Subchapter A. General Provisions|Section 114.002. Definitions

Sec. 114.002.  DEFINITIONS.  (a)  In this chapter:(1)  "Beneficiary" means a person who receives real property under a transfer on death deed.(2)  "Designated beneficiary" means a person designated to receive real property in a transfer on death deed.(3)  "Joint owner with right of survivorship" or "joint owner" means an individual who owns real property concurrently with one or more other individuals with a right of survivorship.  The term does not include a tenant in common or an owner of community property with or without a right of survivorship.(4)  "Person" has the meaning assigned by Section 311.005, Government Code.(5)  "Real property" means an interest in real property located in this state.(6)  "Transfer on death deed" means a deed authorized under this chapter and does not refer to any other deed that transfers an interest in real property on the death of an individual.(7)  "Transferor" means an individual who makes a transfer on death deed.(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 47(1) and Ch. 337 (S.B. 874), Sec. 3(1), eff. September 1, 2019. |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. 337 (S.B. 874), Sec. 3(1), eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 47(1), eff. September 1, 2019.|
TX Est Code § 114.003 (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 A. General Provisions|Section 114.003. Applicability

Sec. 114.003.  APPLICABILITY.  This chapter applies to a transfer on death deed executed and acknowledged on or after September 1, 2015, by a transferor who dies on or after September 1, 2015.|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.|
TX Est Code § 114.004 (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 A. General Provisions|Section 114.004. Nonexclusivity

Sec. 114.004.  NONEXCLUSIVITY.  This chapter does not affect any method of transferring real property otherwise permitted under the laws of this state. |Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.|
TX Est Code § 114.005 (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 A. General Provisions|Section 114.005. Uniformity of Application and Construction

Sec. 114.005.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to the subject matter of this chapter among states that enact a law similar to this chapter.|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.|
TX Est Code § 114.006 (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 A. General Provisions|Section 114.006. Relation to Electronic Signatures in Global and National Commerce Act

Sec. 114.006.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.  This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.), except that this chapter does not modify, limit, or supersede Section 101(c) of that Act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that Act (15 U.S.C. Section 7003(b)).|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.|
TX Est Code § 114.051 (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 114 - Transfer on Death Deed|Subchapter B. Authorization, Execution, and Revocation of Transfer on Death Deed|Section 114.051. Transfer on Death Deed Authorized

Sec. 114.051.  TRANSFER ON DEATH DEED AUTHORIZED.  An individual may transfer the individual's interest in real property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.|
TX Est Code § 114.052 (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 114 - Transfer on Death Deed|Subchapter B. Authorization, Execution, and Revocation of Transfer on Death Deed|Section 114.052. Transfer on Death Deed Revocable

Sec. 114.052.  TRANSFER ON DEATH DEED REVOCABLE.  A transfer on death deed is revocable regardless of whether the deed or another instrument contains a contrary provision.|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.|
TX Est Code § 114.053 (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 114 - Transfer on Death Deed|Subchapter B. Authorization, Execution, and Revocation of Transfer on Death Deed|Section 114.053. Transfer on Death Deed Nontestamentary

Sec. 114.053.  TRANSFER ON DEATH DEED NONTESTAMENTARY.  A transfer on death deed is a nontestamentary instrument.|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.|
TX Est Code § 114.054 (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 B. Authorization, Execution, and Revocation of Transfer on Death Deed|Section 114.054. Capacity of Transferor; Use of Power of Attorney

Sec. 114.054.  CAPACITY OF TRANSFEROR; USE OF POWER OF ATTORNEY.  (a)  The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a contract.(b)  A transfer on death deed may not be created through use of a power of attorney.|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.|
TX Est Code § 114.055 (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 B. Authorization, Execution, and Revocation of Transfer on Death Deed|Section 114.055. Requirements

Sec. 114.055.  REQUIREMENTS.  To be effective, a transfer on death deed must:(1)  except as otherwise provided in Subdivision (2), contain the essential elements and formalities of a recordable deed;(2)  state that the transfer of an interest in real property to the designated beneficiary is to occur at the transferor's death; and(3)  be recorded before the transferor's death in the deed records in the county clerk's office of the county where the real property is located.|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.|
TX Est Code § 114.056 (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 B. Authorization, Execution, and Revocation of Transfer on Death Deed|Section 114.056. Notice, Delivery, Acceptance, or Consideration Not Required

Sec. 114.056.  NOTICE, DELIVERY, ACCEPTANCE, OR CONSIDERATION NOT REQUIRED.  A transfer on death deed is effective without:(1)  notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or(2)  consideration.|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.|
TX Est Code § 114.057 (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 B. Authorization, Execution, and Revocation of Transfer on Death Deed|Section 114.057. Revocation by Certain Instruments; Effect of Will or Marriage Dissolution

Sec. 114.057.  REVOCATION BY CERTAIN INSTRUMENTS; EFFECT OF WILL OR MARRIAGE DISSOLUTION.  (a)  Subject to Subsections (d) and (e), an instrument is effective to revoke a recorded transfer on death deed, or any part of it, if the instrument:(1)  is one of the following:(A)  a subsequent transfer on death deed that revokes the preceding transfer on death deed or part of the deed expressly or by inconsistency; or(B)  except as provided by Subsection (b), an instrument of revocation that expressly revokes the transfer on death deed or part of the deed; (2)  is acknowledged by the transferor after the acknowledgment of the deed being revoked; and(3)  is recorded before the transferor's death in the deed records in the county clerk's office of the county where the deed being revoked is recorded.(b)  A will may not revoke or supersede a transfer on death deed.(c)  If a marriage between the transferor and a designated beneficiary is dissolved after a transfer on death deed is recorded, a final judgment of the court dissolving the marriage operates to revoke the transfer on death deed as to that designated beneficiary if notice of the judgment is recorded before the transferor's death in the deed records in the county clerk's office of the county where the deed is recorded, notwithstanding Section 111.052.(d)  If a transfer on death deed is made by more than one transferor, revocation by a transferor does not affect the deed as to the interest of another transferor who does not make that revocation.(e)  A transfer on death deed made by joint owners with right of survivorship is revoked only if it is revoked by all of the living joint owners.(f)  This section does not limit the effect of an inter vivos transfer of the real property.|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.|
TX Est Code § 114.101 (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 114 - Transfer on Death Deed|Subchapter C. Effect of Transfer on Death Deed; Liability of Transferred Property for Creditors' Claims|Section 114.101. Effect of Transfer on Death Deed During Transferor's Life

Sec. 114.101.  EFFECT OF TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE.  During a transferor's life, a transfer on death deed does not:(1)  affect an interest or right of the transferor or any other owner, including:(A)  the right to transfer or encumber the real property that is the subject of the deed; (B)  homestead rights in the real property, if applicable; and(C)  ad valorem tax exemptions, including exemptions for residence homestead, persons 65 years of age or older, persons with disabilities, and veterans;(2)  affect an interest or right of a transferee of the real property that is the subject of the deed, even if the transferee has actual or constructive notice of the deed;(3)  affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;(4)  affect the transferor's or designated beneficiary's eligibility for any form of public assistance, subject to applicable federal law;(5)  constitute a transfer triggering a "due on sale" or similar clause;(6)  invoke statutory real estate notice or disclosure requirements;(7)  create a legal or equitable interest in favor of the designated beneficiary; or(8)  subject the real property to claims or process of a creditor of the designated beneficiary.|Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.|