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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Property Code § 240.056: DISCLAIMER OF POWER HELD IN FIDUCIARY CAPACITY.

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Where this section sits in the code
  1. PROPERTY CODE
  2. TITLE 13. DISCLAIMER OF PROPERTY INTERESTS
  3. CHAPTER 240. TEXAS UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT
  4. SUBCHAPTER B. TYPE AND EFFECT OF DISCLAIMER

(a) If a person designated to serve or serving as a fiduciary disclaims a power held or to be held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

(b) If a person designated to serve or serving as a fiduciary disclaims a power held or to be held in a fiduciary capacity that has been exercised, the disclaimer takes effect immediately after the last exercise of the power.

(c) A disclaimer subject to this section is effective as to another person designated to serve or serving as a fiduciary if:

(1) the disclaimer provides that it is effective as to another person designated to serve or serving as a fiduciary; and

(2) the person disclaiming has the authority to bind the estate, trust, or other person for whom the person is acting.

Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.

Collected 2026-08-27T01:47:37Z. Source file · JSON

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