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Texas Statutes (Last Updated: January 4, 2014) |
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ESTATES CODE |
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Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY |
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Subtitle C. PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS' PROPERTY IN GENERAL |
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Chapter 122. DISCLAIMERS AND ASSIGNMENTS |
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Subchapter A. GENERAL PROVISIONS RELATING TO DISCLAIMER |
Sec. 122.002. WHO MAY DISCLAIM
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(a) A person who may be entitled to receive property as a beneficiary who on or after September 1, 1977, intends to irrevocably disclaim all or any part of the property shall evidence the disclaimer as provided by this chapter.
(b) Subject to Subsection (c), the legally authorized representative of a person who may be entitled to receive property as a beneficiary who on or after September 1, 1977, intends to irrevocably disclaim all or any part of the property on the beneficiary's behalf shall evidence the disclaimer as provided by this chapter.
(c) A disclaimer made by a legally authorized representative described by Subsection (d)(1), (2), or (3), other than an independent executor, must be made with prior court approval of the court that has or would have jurisdiction over the legally authorized representative. A disclaimer made by an independent executor on behalf of a decedent may be made without prior court approval.
(d) In this section, "legally authorized representative" means:
(1) a guardian if the person entitled to receive the property as a beneficiary is an incapacitated person;
(2) a guardian ad litem if the person entitled to receive the property as a beneficiary is an unborn or unascertained person;
(3) a personal representative, including an independent executor, if the person entitled to receive the property as a beneficiary is a decedent; or
(4) an attorney in fact or agent appointed under a durable power of attorney authorizing disclaimers if the person entitled to receive the property as a beneficiary executed the power of attorney as a principal.