| 1 | 1 | | 81R4194 KLA-D |
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| 2 | 2 | | By: Riddle H.B. No. 2844 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the characterization of certain property on the death |
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| 8 | 8 | | of a spouse. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter II, Texas Probate Code, is amended by |
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| 11 | 11 | | adding Section 45A to read as follows: |
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| 12 | 12 | | Sec. 45A. CHARACTERIZATION OF CERTAIN PROPERTY ON DEATH OF |
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| 13 | 13 | | SPOUSE. On the death of one of the spouses to a marriage, the |
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| 14 | 14 | | following property, wherever situated, is considered community |
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| 15 | 15 | | property for purposes of determining passage of all or part of the |
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| 16 | 16 | | property by intestacy or under the terms of a testator's will: |
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| 17 | 17 | | (1) property that was acquired by either spouse while |
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| 18 | 18 | | domiciled in another state and that would have been community |
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| 19 | 19 | | property if the spouse who acquired the property had been domiciled |
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| 20 | 20 | | in this state at the time of the acquisition; and |
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| 21 | 21 | | (2) property that was acquired by either spouse in |
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| 22 | 22 | | exchange for other property and that would have been community |
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| 23 | 23 | | property if the spouse who acquired the property had been domiciled |
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| 24 | 24 | | in this state at the time of the acquisition. |
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| 25 | 25 | | SECTION 2. The changes in law made by this Act apply only to |
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| 26 | 26 | | the estate of a decedent who dies on or after the effective date of |
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| 27 | 27 | | this Act. The estate of a decedent who dies before the effective |
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| 28 | 28 | | date of this Act is governed by the law in effect on the date of the |
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| 29 | 29 | | decedent's death, and the former law is continued in effect for that |
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| 30 | 30 | | purpose. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2009. |
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