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A BILL TO BE ENTITLED
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AN ACT
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relating to the characterization of certain property on the death |
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of a spouse. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter II, Texas Probate Code, is amended by |
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adding Section 45A to read as follows: |
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Sec. 45A. CHARACTERIZATION OF CERTAIN PROPERTY ON DEATH OF |
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SPOUSE. On the death of one of the spouses to a marriage, the |
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following property, wherever situated, is considered community |
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property for purposes of determining passage of all or part of the |
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property by intestacy or under the terms of a testator's will: |
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(1) property that was acquired by either spouse while |
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domiciled in another state and that would have been community |
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property if the spouse who acquired the property had been domiciled |
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in this state at the time of the acquisition; and |
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(2) property that was acquired by either spouse in |
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exchange for other property and that would have been community |
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property if the spouse who acquired the property had been domiciled |
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in this state at the time of the acquisition. |
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SECTION 2. The changes in law made by this Act apply only to |
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the estate of a decedent who dies on or after the effective date of |
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this Act. The estate of a decedent who dies before the effective |
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date of this Act is governed by the law in effect on the date of the |
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decedent's death, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |