Q & A | May a devisee under a probated will excute a formal disclaimer of their interest in the decedent’s estate in order to avoid the attachment of child support arrearages owed by said beneficiary?

Q: May a devisee (“beneficiary”), who would otherwise inherit property, real or personal, under a probated will execute a formal disclaimer of their interest in the decedent’s estate in order to avoid the attachment of child support arrearages owed by said beneficiary?

A: No. Effective January 1, 2014, Texas Estates Code 122.107 states that a disclaimer made by a beneficiary who owes child support arrearages is NOT effective if the arrearages have been reduced to judgment. In addition,”… the child support oblige to whom the child support arrearages are owed may enforce the child support obligation by a lien or any other remedy provided by law.”

Finally, Section 112.051 of the Estates Code title “Form and Contents” requires, “A disclaimer of property receivable by a beneficiary must include a statement regarding whether the beneficiary is a child support obligor described by Section 122.107.” In other words, the obligor of child support arrearages must affirmatively state such fact in the written memorandum.