2023 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 123 - Dissolution of Marriage › Subchapter D. Effect of Dissolution of Marriage on Certain Multiple-Party Accounts › Section 123.151. Designation of Former Spouse or Relative of Former Spouse on Certain Multiple-Party Accounts

Sec. 123.151.  DESIGNATION OF FORMER SPOUSE OR RELATIVE OF FORMER SPOUSE ON CERTAIN MULTIPLE-PARTY ACCOUNTS.  (a)  In this section:
(1)  "Beneficiary," "multiple-party account," "party," "P.O.D. account," and "P.O.D. payee" have the meanings assigned by Chapter 113.
(2)  "Public retirement system" has the meaning assigned by Section 802.001, Government Code.
(3)  "Relative" has the meaning assigned by Section 123.051.
(4)  "Survivorship agreement" means an agreement described by Section 113.151.
(b)  If a decedent established a P.O.D. account or other multiple-party account and the decedent's marriage was later dissolved by divorce, annulment, or a declaration that the marriage is void, any payable on request after death designation provision or provision of a survivorship agreement with respect to that account in favor of the decedent's former spouse or a relative of the former spouse who is not a relative of the decedent is not effective as to that spouse or relative unless:
(1)  the court decree dissolving the marriage:
(A)  designates the former spouse or the former spouse's relative as the P.O.D. payee or beneficiary; or
(B)  reaffirms the survivorship agreement or the relevant provision of the survivorship agreement in favor of the former spouse or the former spouse's relative;
(2)  after the marriage was dissolved, the decedent:
(A)  redesignated the former spouse or the former spouse's relative as the P.O.D payee or beneficiary; or
(B)  reaffirmed the survivorship agreement in writing; or
(3)  the former spouse or the former spouse's relative is designated to receive, or under the survivorship agreement would receive, the proceeds or benefits in trust for, on behalf of, or for the benefit of a child or dependent of either the decedent or the former spouse.
(c)  If a designation is not effective under Subsection (b), a multiple-party account is payable to the named alternative P.O.D. payee or beneficiary or, if an alternative P.O.D. payee or beneficiary is not named, to the estate of the decedent.
(c-1)  If the provision of a survivorship agreement is not effective under Subsection (b), for purposes of determining the disposition of the decedent's interest in the account, the former spouse or former spouse's relative who would have received the decedent's interest if the provision were effective is treated as if that spouse or relative predeceased the decedent.
(d)  A financial institution or other person obligated to pay an account described by Subsection (b) that pays the account to the former spouse or the former spouse's relative as P.O.D. payee or beneficiary under a designation that is not effective under Subsection (b) is liable for payment of the account to the person provided by Subsection (c) only if:
(1)  before payment of the account to the designated P.O.D. payee or beneficiary, the payor receives written notice at the home office or principal office of the payor from an interested person that the designation of the P.O.D. payee or beneficiary is not effective under Subsection (b); and
(2)  the payor has not interpleaded the account funds into the registry of a court of competent jurisdiction in accordance with the Texas Rules of Civil Procedure.
(d-1)  A financial institution is not liable for payment of an account to a former spouse or the former spouse's relative as a party to the account, notwithstanding the fact that a designation or provision of a survivorship agreement in favor of that person is not effective under Subsection (b).
(e)  This section does not affect the right of a former spouse to assert an ownership interest in an undivided multiple-party account described by Subsection (b).
(f)  This section does not apply to the disposition of a beneficial interest in a retirement benefit or other financial plan of a public retirement system.
Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 5, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 7, eff. September 1, 2017.