Can a surviving spouse disclaim her rights over a survivorship property?

Full Question:

My husband, who left me a year ago, had died recently. I don’t want his properties that become mine due to his death. Can I disclaim those properties?
06/02/2017   |   Category: Wills and Es... » Disclaimer o...   |   State: Texas   |   #38526

Answer:

Yes, you can disclaim your share over your survivorship property that would have otherwise passed to you by reason of your husband's death. You can either declaim the whole property or a part of it.

In Texas, on the death of a holder of survivorship property, a surviving holder can disclaim an interest in the property of the deceased holder that would have otherwise passed to the surviving holder by reason of the deceased holder's death.

The following are the Texas statutes in this regard:
 
Sec. 240.052.   Disclaimer of Rights in Survivorship Property. 

(a) On the death of a holder of survivorship property, a surviving holder may disclaim, in whole or in part, an interest in the property of the deceased holder that would have otherwise passed to the surviving holder by reason of the deceased holder's death.

(b) If an interest in survivorship property is disclaimed by a surviving holder of the property:

     (1) the disclaimer:

         (A) takes effect as of the time of the deceased holder's death; and

         (B) relates back for all purposes to the time of the deceased holder's death; and

     (2) the disclaimed interest is not subject to the claims of any creditor of the disclaimant.

(c) An interest in survivorship property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
 
 
Sec. 240.0501.   Definition. 

In this subchapter, "future interest" means an interest that:

     (1) takes effect in possession or enjoyment, if at all, later than the time at which the instrument creating the interest becomes irrevocable; and

     (2) passes to the holder of the interest at the time of the event that causes the taker of the interest to be finally ascertained and the interest to be indefeasibly vested.
 
Sec. 240.058.   Partial Disclaimer by Spouse. 

A disclaimer by a decedent's surviving spouse of an interest in property transferred as the result of the death of the decedent is not a disclaimer by the surviving spouse of any other transfer from the decedent to or for the benefit of the surviving spouse, regardless of whether the interest that would have passed under the disclaimed transfer passes because of the disclaimer to or for the benefit of the surviving spouse by the other transfer.