 |
Texas Statutes (Last Updated: January 4, 2014) |
 |
ESTATES CODE |
|
Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY |
|
Subtitle C. PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS' PROPERTY IN GENERAL |
|
Chapter 112. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP |
|
Subchapter E. THIRD PARTIES DEALING WITH COMMUNITY PROPERTY SUBJECT TO RIGHT OF SURVIVORSHIP |
Sec. 112.206. THIRD-PARTY PURCHASER WITHOUT NOTICE OF REVOCATION OF AGREEMENT
-
(a) This section applies only to a person or entity who for value purchases property from a surviving spouse more than six months after the date of the deceased spouse's death and:
(1) with respect to personal property:
(A) the purchaser has received an original or certified copy of an agreement purporting to create a right of survivorship in the personal property in the surviving spouse, purportedly signed by both spouses; and
(B) the purchaser has no notice of the revocation of the agreement; or
(2) with respect to real property:
(A) the purchaser has received an original or certified copy of an agreement purporting to create a right of survivorship in the real property in the surviving spouse, purportedly signed by both spouses or such an agreement is properly recorded in a county in which any part of the real property is located; and
(B) the purchaser has no notice of the revocation of the agreement.
(b) A purchaser has good title to the interest in the property that the surviving spouse would have had in the absence of the revocation of the agreement, as against the claims of the personal representative of the deceased spouse's estate or any person claiming from the representative or the deceased spouse.