Holmes v. Beatty

After decades of debate in the bench, bar, and the Legislature about the ability of spouses to obtain rights of survivorship in community property, Texas citizens changed the constitution to confirm that right. The 1987 amendment provides that “spouses may agree in writing that all or part of their community property becomes the property of the surviving spouse on the death of a spouse.” Tex. Const, art. XVI, § 15. Two years later, the Legislature enacted Probate Code sections 451 through 462 to address the formalities necessary to the create a survivorship arrangement. See Tex. PROb.Code §§…