Texas § ES.122.201 - ASSIGNMENT

§ ES.122.201. ASSIGNMENT

ASSIGNMENT; WHEN ASSIGNMENT INEFFECTIVE OR LIMITED. (a) Except as provided by Subsection (b), a person who is entitled to receive property or an interest in property from a decedent under a will, by inheritance, or as a beneficiary under a life insurance contract, and does not disclaim the property under Chapter 240 , Property Code, may assign the property or interest in property to any person. (b) An assignment of property or an interest in property under Subsection (a) by a child support obligor does not take effect to the extent the assigned property or interest in property could be applied to satisfy a support obligation of the obligor that has been: (1) administratively determined as evidence by a certified child support payment record produced by the Title IV-D agency in a Title IV-D case; or (2) confirmed and reduced to judgment as provided by Section 157.263 , Family Code. (c) In this section: (1) "Title IV-D agency" has the meaning assigned by Section 101.033 , Family Code. (2) "Title IV-D case" has the meaning assigned by Section 101.034 , Family Code. (d) If Subsection (b) applies, the child support obligee to whom child support arrearages are owed may enforce the child support obligation against the obligor as to the assigned property or interest in property by a lien or by any other remedy provided by law. (e) Unless the personal representative of a decedent's estate has actual notice of a claim that an assignment of property or an interest in property under Subsection (a) does not take effect under Subsection (b), the personal representative is not liable for transferring property pursuant to such assignment. Added by Acts 2009, 81st Leg., R.S., Ch. 680 , Sec. 1, eff. January 1, 2014. Amended by: Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428 ), Sec. 4, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 151 (S.B. 869 ), Sec. 1, eff. September 1, 2023.