Article On Disclaimers Under The New Texas Uniform Disclaimer Of Property Interest Act

Glenn M. Karisch (Attorney, The Karisch Law Firm, PLLC), Thomas M. Featherston, Jr. (Professor of Law, Baylor Law School), and Julia E. Jonas (Associate at Osborne, Helman, Knebel & Scott, LLP) recently published an article entitled, Disclaimers Under The New Texas Uniform Disclaimer of Property Interests Act, Texas Tech University School of Law, Estate Planning & Community Property Law Journal, Vol. 8 Book 1, Fall (2015). Provided below is an abstract of the article:

Like many states, Texas enacted a disclaimer statute in the 1970s as tax motivated disclaimers became more prevalent. Over the years, the disclaimer statute expanded and spawned trust-related offspring. Because of this piecemeal development, the existing Texas disclaimer statutes (Chapter 122 of the Estates Code and section 112.010 of the Trust Code) grew quirky and difficult to follow, creating traps for the user. Disclaimers were possible under the federal tax law that were not expressly allowed by Texas law.