Sec. 114.054. CAPACITY OF TRANSFEROR; USE OF POWER OF ATTORNEY. (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.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle C - Passage of Title and Distribution of Decedents' Property in General
Chapter 114 - Transfer on Death Deed
Subchapter B. Authorization, Execution, and Revocation of Transfer on Death Deed
Section 114.051. Transfer on Death Deed Authorized
Section 114.052. Transfer on Death Deed Revocable
Section 114.053. Transfer on Death Deed Nontestamentary
Section 114.054. Capacity of Transferor; Use of Power of Attorney
Section 114.056. Notice, Delivery, Acceptance, or Consideration Not Required
Section 114.057. Revocation by Certain Instruments; Effect of Will or Marriage Dissolution