(a) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a contract.
(b) A transfer on death deed may not be created through use of a power of attorney.
CAPACITY OF TRANSFEROR; USE OF POWER OF ATTORNEY
Known as the Texas Real Property Transfer on Death Act
The act spans §§ 114–114 (19 sections).
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff
(a) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a contract.
(b) A transfer on death deed may not be created through use of a power of attorney.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.