Relevance: HB 1813 would change the definitions of "beneficiary" and "interested person" in Section 111.004 of the Trust Code to specifically include a beneficiary "whose right to benefit from the trust is contingent, regardless of whether the right to benefit from the trust is presently vested." This language may be unnecessary, since the definition of beneficiary now in the Code means "a person for whose benefit property is held in trust, regardless of the nature of the interest." It may have an impact on the right of remote beneficiaries to demand accountings and participate in litigation, although that is not clear.
The 82nd Texas Legislature ended its regular session May 30, 2011. All probate, guardianship and trust bills passed during the session have been signed by the Governor, and most become effective September 1, 2011. One bill in the first called session (SB 1) contains guardianship changes and, as of July 8, 2011, was awaiting the Governor's signature. Each bill affecting probate, guardianship and trust law is listed below. Click here to search for a particular bill, or use the list of topics and key words to the right to find legislation.
- Texas Legislature Online.
- Glenn Karisch's 2011 Legislative Update.
- Bill Pargaman's 2011 Legislative Update -- All of the bills, the full text of all of the changes to the probate and trust codes and helpful forms.
- Top Ten Things to Do Now -- Glenn Karisch's list of ten things estate planning and probate attorneys should do to address the legislative changes taking effect September 1, 2011. Here are the pdf and blog versions.
All bills are labeled "Awaiting Governor's Signature," "Enacted," or "Did Not Pass."