Texas 2017 - 85th Regular

Texas House Bill HB3121

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a revocable deed that transfers real property at the transferor's death.

Impact

The implication of HB3121 is significant for estate planning in Texas. By clarifying the rules surrounding the transfer on death deeds, the bill seeks to facilitate the transition of property ownership without the need for probate. This is expected to provide clarity and increase efficiency for families dealing with property after a loved one has passed away, ultimately reducing the legal complexities involved in transferring property through more traditional means such as wills.

Summary

House Bill 3121 aims to amend existing laws regarding revocable deeds that enable the transfer of real property upon the death of the transferor. Specifically, the bill modifies provisions in the Estates Code related to transfer on death deeds. The key change includes the stipulation that if a designated beneficiary does not survive the transferor by a specified period, the interest in the property will pass according to the terms outlined in the deed, thereby simplifying the transfer process and enhancing estate planning options for property owners.

Sentiment

The sentiment surrounding the bill appears to be largely positive. Proponents suggest that the changes reflect a modern approach to estate management, catering to the needs of today's property owners. The proposed amendments are seen as beneficial in protecting the wishes of the transferors and ensuring a smoother transition of property rights to their chosen beneficiaries, thus enhancing autonomy in estate planning.

Contention

While the overall outlook on HB3121 seems positive, some points of contention may arise over specific legal interpretations or the potential unintended consequences of the changes. Concerns may exist regarding the clarity of language used in the new provisions, particularly around the timelines for beneficiary survival and the implications of inferred rights in the absence of explicitly naming alternate beneficiaries. As with any legislative change, the practical outcomes of these modifications will depend on implementation and the fine print of legal documents.

Companion Bills

TX SB2150

Identical Relating to a revocable deed that transfers real property at the transferor's death.

Previously Filed As

TX HB264

Relating to requirements for the physical presence of a borrower for signing certain documents related to a home equity loan.

TX HB3844

Relating to certain procedural requirements for public improvement districts and transfers of property located in public improvement districts.

TX SB1958

Relating to certain procedural requirements for public improvement districts and transfers of property located in public improvement districts.

TX HB2589

Relating to the form of a medical power of attorney.

TX HB4989

Relating to the presumption of validity for an advance directive and permissible forms of a medical power of attorney.

TX SB1373

Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.

TX HB2821

Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.

TX HB2815

Relating to the powers, authorities, duties, and responsibilities of certain conservation and reclamation districts and to notice a person who proposes to sell or convey real property located in any of certain conservation and reclamation districts must provide to a prospective purchaser of that property.

TX HB5011

Relating to amendments to the Uniform Commercial Code, including amendments concerning certain intangible assets and the perfection of security interests in those assets.

TX SB2075

Relating to amendments to the Uniform Commercial Code, including amendments concerning certain intangible assets and the perfection of security interests in those assets.

Similar Bills

TX SB2150

Relating to a revocable deed that transfers real property at the transferor's death.

CA SB315

Revocable transfer on death deeds.

CA SB1305

Revocable transfer on death deeds.

IN HB1034

Insurance and transfer on death deeds.

IN HB1213

Insurance and transfer on death deeds.

CA AB288

Revocable transfer on death deeds.

DE HB147

An Act To Amend Title 12, Title 18, Title 25, And Title 30 Of The Delaware Code Relating To The Uniform Real Property Transfer On Death Act.