REPTL decedents' estates bill is worth a closer look
Thursday, March 3, 2011 | Glenn Karisch HB 2046 would make key changes affecting every estate planning and probate lawyer in Texas.
Rep. Will Hartnett (R-Dallas) filed HB 2046 Wednesday. This bill makes numerous changes to the Texas Probate Code that are supported by the Real Estate, Probate and Trust Law Section of the State Bar of Texas.
Signing wills just once
Among the highlights of HB 2046 is a new way to handle will executions in Texas. Current law requires the testator and two witnesses to sign the will and then, if the will is self-proved, to separately sign the self-proving affidavit. HB 2046 amends Section 59 to provide the option of having the testator and witnesses sign a combined will and self-proving affidavit so that each only has to sign once. This is a holdover change from 2009. The 2009 bill failed to pass because of a legislative logjam at the end of the session.
This change, along with others made in 2009 regarding the execution of declarations of guardian, medical powers of attorney and directives to physicians, should speed up document signings. Old foagies who like the current two-signature method may continue to use it.
Independent administration changes
Another holdover from 2009 are changes to independent administration. REPTL proposed these changes to clarify Texas's independent administration statutes in anticipation of their inclusion in the new Estates Code which takes effect January 1, 2014. If HB 2046 passes, these changes would take effect September 1, 2011, and be carried forward into the Estates Code.
The proposed independent administration changes will be covered in a separate post.
No need to file an inventory
Living trust proponents frequently tout the increased privacy of those plans over will-based plans since in a will-based plan an inventory must be filed with the court. HB 2046 would change this for independent administrations in cases where there are no unpaid debts, except for secured debts, taxes and administration expenses. In that case, the independent executor could file an affidavit in lieu of an inventory. The affidavit must state that the independent executor has provided each beneficiary with a "verified, full, and detailed inventory."
The changes to Section 250 would not do away with the requirement of preparing an inventory; it would do away with the filing of the inventory in some cases. Interestingly, under current law the personal representative is not required to provide a beneficiary with a copy of the inventory, although doing so is good practice. The new law would require delivery of a copy in order to avoid the filing requirement.
As filed, it appears that dependent administrators also could file an affidavit in lieu of filing an inventory. A change is in the works to limit this procedure to independent administrations, for obvious reasons.
Overruling Holmes v. Beatty
Holmes v. Beatty, 290 S.W.3d 852 (Tex. 2009), caused shockwaves in the probate and estate planning community for two reasons:
- First, and most importantly, the Supreme Court relaxed the standards for creating rights of survivorship with respect to community property, holding that a " joint tenancy" or " JT TEN" designation on an account is sufficient to create rights of survivorship in community property under Section 452 of the Texas Probate Code.
- Second, the Supreme Court held that stock certificates issued from a community property with right of survivorship brokerage account continue to be survivorship property even though the the certificates themselves do not meet the requirements for survivorship agreements.
Will Hartnett, Author of HB 2046HB 2046 overturns Holmes on the first of these points. It would add this sentence to Section 452: "A survivorship agreement will not be inferred from the mere fact that the account is a joint account or that the account is designated JT TEN, Joint Tenancy, joint, or other similar abbreviation." Parallel language is added to Section 439, which governs non-community property multi-party accounts. HB 2046 specifically states that the bill is intended to overturn the ruling of the Texas Supreme Court in Holmes v. Beatty.
The bill is silent on the other significant holding in Holmes, so stock certificates issued out of community property with right of survivorship accounts may continue to be survivorship property, at least to the extent described in Holmes.
Reasonable compensation for executors
Jose Rodriguez, Author of SB 1198The bill also would change the default basis for compensation of personal representatives of decedents' estates. Currently compensation is based on 5% of all sums received in cash plus 5% of all sums paid out in cash, subject to the limitations stated in Section 241. HB 2046 would replace this with a "reasonable compensation" standard. HB 1837 makes a similar change for guardianships.
Update: On March 4, 2011, Sen. Jose Rodriquez (D-El Paso), filed SB 1198 as REPTL's decedent's estates bill in the Senate.
2011 legislation | 63 Comments 
Reader Comments (63)
test
test
test
test
Fashion online shop for Cheap Dresses , Formal Dresses or makeup and other expenses. For the sake of Party Dresses, the couple should ask each matter, and ask whether to include makeup, Evening Dresses , Prom Dresses , Bridesmaid Dresses and all other costs.
Choose the bridal salon that can retrieve the film, because of his remake of the Flower Girl Dresses will be more expensive, Celebrity Dresses . Some sets of lines will be included bridal salon painting attracted a large customer, but if a different style of painting is too large or is not suitable for Cocktail Dresses , it will only get Empire Wedding Dresses , Color Bridesmaid Dresses , the Little Black Dresses should pay attention to this point.
I found that most people choose as your website, I believe that this site has very good writing. I often come here to visit, be grateful. rxdjap rxdjap - red bottom.
I want all the stuff about Season 3 and I want no more loan comments! Now-se! yavssq yavssq - supra shoes for boy.
I enjoyed your blog. It’s easy to read, the content is good, and you’re an educated writer unlike most of the blogs I come across when searching on this topic.
It does not follow that because we do not subsidize smoking, we should not regulate unhealthy activities. Costs and savings are not the only variable. The fact that obesity creates costs is merely an additional reason to regulate it, not the only one. The main reason is its danger to an individual. You are dismissive of subsidizing smoking precisely because of this moral intuition. pduiwo pduiwo - Tory Burch Outlet Sale.
Christmas special:
OFF!! Free Shipping!! 1000s of Tv series dvd
such as torchwood miracle day dvd, Raising Hope dvd
nike low top basketball shoes introduction of the LIVESTRONG
mbt shoes websitex Nike Free Trainer 5.0.
UGG Ultra Tall Boots
UGG Bailey Button BootsThe model
Jordan Accolades is prepped in the
Abercrombie Jeansusual Livestrong color palette of yellow
,UGG Nightfall Boots
UGG Sundance Boots black, and white,
Ugg Bailey Botton Boots
UGG Classic Cardy Boot which helps to highlight the
Jordan Pro Classic mesh and
UGG Classic Mini Boots
UGG Metallic Boots
synthetic upper. Ugg Rivet Boots
traditional trainer outsole。 The yellow also highlights the outsole UGG Bailey Button
UGG Nightfall Boots 5359 line
vibram five fingers for sale
vibram five fingers sales is getting a technology
athletic nike shoe sale update with the
It is not Coach Outlet a joyous day on my end.and at the same time will not feel the same need
Business owners and entrepreneurs who are determined to get the most profits realize that Chinese suppliers can give them an edge over their competitors. It is true that products are unbelievably cheap china wholesale, yet they are of good quality. The online China Wholesale Electronics business is price-driven, so you have to be able to get your merchandise as cheaply as possible. This will allow you to sell your products at a low price, yet still be able to make a good profit.
Great piece of design man !
www.superpopular.net wholesale directory can provide you with reliable china wholesale suppliers.
The reason why products from China are so cheap is because of the low labor cost there. In fact, that is why so many companies like Mattel, Nike, Apple, Adidas and many more have put up their factories there. The Chinese now have the technology and skill to manufacture different kinds of apparel, shoes, and other consumer products at very low prices. Getting your products directly from China is the surest way to get cheap goods to sell.
China is one of the most popular country to import electronics goods. China has reached his business to the top. China electronics are cheap and as well as affordable and are of good quality also.Electronics items from China such as mechanical pocket watch, Cheap Wholesale Jewelry, discount designer bags, Wholesale Electronics DropShip, wholesale mechanical watch, wholesale 925 Silver Jewelry and Hello Kitty Crystal Necklace media players are some of the hottest items and in very affordable prices. China Wholesale Electronics provide us a variety of products.It is a good site for reviewing the electronic products which are costly in our country.
To all the ladies out there who would like to own the best style partner,
Coach Factory Store Online and then take hold of your self a pair of Wholesale Coach Factory Outlet Online handbags which have been best choices of fashion collectors all above the planet. Coach Factory Exactly where to locate all theseCoach Outlet Online ?
Amazing since it may possibly sound but, Coach Factory Store wherever your current might discover wholesale items, you'll be capable to locate all these Coach Factory Outlet that are on wholesale.
You will discover it amazing as properly regarding exactly how numerous items such as the Coach Outlet Online purses that is available on wholesale of which often you are able to effortlessly access Coach Factory Online to simply because of its abundant accessibility in the industry nowadays. Coach Outlet Store Online Most of the LV handbags and all of the other bags that they've developed as well are almost all accessible in the marketplace that comes in various textures, designs and modes.Coach Factory Online
One point that places these kinds of wholesale purses separate from all the various other wholesale Coach Outlet available in the wholesale market is which they would certainly bring all your ultimate Coach Factory Outlet fantasies appear genuine. Coach Factory Outlet Practically month following month, Coach Outlet Store Online manufacturers of these purses arrive together together with fresh new and distinctive ideas that will certainly get the interest of all the consumers around that are yerning for Coach Factory Outlet Online purses.
According to Coach Outlet Store aficionados out there, they opined that the wholesale Coach Factory Outlet Online are the neatest and also the funkiest luggage available easily obtainable in almost all of the marketplaces worldwide. They are means as well groovy and awesome which they only desire to provide retailers along with consumers every place Coach Outlet Online they set off.
Moreover, Coach Outlet Online with is outstanding design screen on all of their items, Coach Factory Outlet Online it has become the suggestion of the industry. Coach Factory Outlet This type identify became the role design bags among all of the bags within the business. Coach Factory Outlet Online Other producers make an effort to duplicate these but their particular initiatives seem to be exhausted simply because practically nothing compares towards the Coach Bags purses around.
Also, prior to snagging that Coach Outlet tote which you observe in the general Industries, you must definitely not neglect concerning the profitable trademark that all of the Coach Outlet luggage include utilizing them to Coach Outlet Online Store let the public that they may be proudly Coach Factory Store . For people who aren't mindful of the LV logo which is so well-known that perhaps children these nights may tell if its justCoach Factory Online or not.
Moreover, the Coach Outlet popularity has possibly not taken the country by storm but around the world as properly. Coach Factory The key logo makes every LV tote appear to existence, Coach Outlet Online giving the purses radiance as well as the appearance it deserves.Coach Factory Online
To end, the suitable wholesale Coach Factory Online handbags compliment your current clothing very nicely. Thus, having a wholesale Coach Outlet Store Online ladies handbag with you'll not merely try to Louis Vuitton Sunglasses make you feel specific, but additionally, it gives you an essence of its historical past, Coach Factory Outlet wrapping each and every LV bag together with its dominance in the industry.
Welcome to the world of varietymac cosmetics wholesale.discount mac cosmeticsCurrent markets offer such a vast selection of productswholesale mac cosmetics; Mac Pigmentyou may have some difficulty weeding through it allMac Concealer. Mac EyelinerCosmetics are no exception to the ruleMac Eyeshadow.Mac Lipstick Just take a gander at the local department storeMac Mascara.Mac Foundation Brands such as LancomeChanel Cosmetics, Mac Makeup BagsCliniqueMac Venomous Villains, opi wholesaleAlthough it might seem pretty corny to a lot of folks todaydiscount opi nail polish, wholesale opi nail polishthe old Andy Griffith Show really did have a lot of common sense family values that we could learn from todayopi nail polish.OPI India(NLI41)Take for instance the episode OPI India(NLI45)"OPI India(NLI51)BaileyOPI Sunbeleivable(NLD28)'OPI LightMySapphire(NLB60)s Bad BoySouth Beach OPI Collection"Hong Kong OPI Collection that guest starred Bill Bixby asHoliday Whishes OPI Collection a spoiled rich teenager who wantedKaty Perry OPI Collection his rich dad to bail him outAll ShookUp OPI CollectionFor those of you who not aware of GHDCheap Ghd Hair,Hair Straighteners Sale they are a hair straightener company and the name stands for Good Hair DaysDiscount GHD Straighteners.Ghd Hair Straighteners SaleGHD have been in operation for about ten years now and they have managed to transform the way hairdressers and clients throughout the world manage and style their hairGHD Radiance Set.Gold Classic stylerOver the past 5 or 6 yearsGHD IV Hot Pink Hair Straighteners,Pure Limited Edition GHD IV Styler GHD have released a new limited edition hair straightener or gift setGHD Gold IV Styler Hair Straighteners.GHD Mini IV Styler Hair Straighteners In the pastNew ghd Rare Iv styler Limited Edition,GHD midnight Gift Set-includes the ghd Gold Classic we have been treated to new ceramic stylers in variety of colours such as purpleNew ghd Limited Edition Precious Iv styler & gift set,GHD Midnight Deluxe Gift Set with ghd's sleekest ever stylerNike SB Supreme Blue is one of the products in the nike shox sko'billige nike shox skoHighnike sko nettbutikk'nike shox norge NikeAirMax TN Men_27'Nike Shox Men Skos product familyAirMax TN8 Men_01.Nike Shox R2 Women This is a huge familyNike Shox TL3 Women,Nike Shox Navina Sko and one which is still growingNike Shox NZ Plating Men,Nike Shox R4 Rival Sko with other siblings including the likes of the military colored Nike Dunk Custom High Oreos ParisNike Air Max 2009 Men, Nike Air Max 2012 Womenthe rather high Nike Dunk Dinosaur Junior,
http://shuijin0024.blog.163.com
http://hi.baidu.com/shuijin0024/blog
http://blog.sina.com.cn/u/2417426977
http://blog.sohu.com/people/!c2h1aWppbjAwMjRAaG90bWFpbC5jb20=
http://shuijin12.blog.com
http://shuijin12.2logs.com
http://shuijin12.over-blog.com
http://17278441.blog.hexun.com
http://www.equestrianblogging.com/blogs/shuijin0024
http://shuijin0024.insanejournal.com
http://www.blurty.com/users/shuijin0024
http://shuijin0024.mylivepage.com/blog/index
http://shuijin12.nipox.com
http://shuijin12.allmyblog.com
http://www.adultblogs.com/users/shuijin0024
http://shuijin0024.inube.com
http://www.holatu.com/user/shuijin0024/blogs
http://yu123456.manablog.jp
http://shuijin.sexusblog.com
http://shuijin12.blogdetik.com
http://shuijin12.bloggd.org
http://shuijin12.eklablog.com
http://shuijin12.podbean.com
http://shuijin123.blogoak.com
http://blog.cnfol.com/shuijin12
http://myindiacafe.com/blogs/shuijin12
http://shuijin13.blogfa.com
http://gvrl.com/blogsearchresults.asp?basicsearch=shuijin123
http://www.shuijin0024.19dog.com
http://phlog.net/shuijin0024
http://shuijin13.beeplog.com
http://www.blogstoday.co.uk/bloghome.aspx?username=shuijin123
http://shuijin123.tiblog.fr
http://shuijin12.blog.forexstar.com.cn
http://www.yourlocalinsider.co.uk/pg/blog/owner/shuijin0024
http://shuijin8567.tumblr.com
http://www.freedatingsiteahead.co.uk/blogs.php?action=show_member_blog&ownerID=4600
http://www.tripcafe.pl/blogs.php?action=show_member_blog&ownerID=1907
http://shuijin12.iciblog.com
http://shuijin12.pokerweblogs.com
http://www.blogusers.com/sme_blog.php?u=q123456&action=view_cat&cat=5250
http://shuijin0024.fotopages.com
http://www.muslimduniya.com/member/view_blog.php?profile_id=1014
http://www.metatrader.info/blog/18477
http://www.mrpauldriver.com/drupal/blogs/shuijin12
http://www.igolf.to/view_blog.php?profile_id=9169
http://hurones.net/blog/4462
http://www.quiltsnow.com/blog/2166
http://www.selectify.com/blogs/shuijin12
http://shuijin.blogg.se
http://www.malibunetwork.com/member/view_blog.php?profile_id=2151
http://codesnipers.com/?q=blog/13647
http://obshestvo.ru/blog/1644
http://www.dinmo.me/space.php?uid=3981&do=blog&view=me
http://www.kerchoonz.com/user/shuijin8567/blogs
http://www.filipinopeople.com/user/shuijin12/blogs
http://nga.phpfoxcustomization.com/user/shuijin12/blogs
http://pamplonaempleo.socialgo.com/members/profile/1373/blog
http://gem.socialgo.com/members/profile/4945/blog
http://gritosverticais.socialgo.com/members/profile/239/blog
http://motomodders.socialgo.com/members/profile/802/blog
http://mujerdehoy.socialgo.com/members/profile/2408
http://www.newar.com.np/blog.php?user=shuijin12
http://shuijin12.blogbus.com
http://shuijin8567.sweetcircles.com
http://blog.zol.com.cn/shuijin0024
http://www.shuijin0024.un165.com
http://www.spanishmusic.biz/user/shuijin123/blogs
http://askmilton.com/community1/blogs/posts/shuijin12
http://gfdgamestudios.com/blogs/posts/shuijin12
http://www.redcarpettonight.com/index.php?do=/public/user/blogs/name_shuijin12
http://www.jenshouseofscrap.com/blog/2122
http://shuijin12.sier.no
http://www.portalpirata.com/blog/17563
http://blog.bitcomet.com/17049287
http://truckarmy.com/user/shuijin12/blogs
http://shuijin13.blogdedag.nl
http://www.homepage-dienste.com/blog/shuijin13?
http://www.mein-blog.net/b-shuijin12
http://www.xxllove.net/blogs_view.php?id=103680
http://www.liverpoolfc.lu/blog/shuijin12
http://portal.redboliviana.com/shuijin12/blog
http://shuijin12.blog.fc2blog.net
http://www.kolspot.com/user/shuijin12/blogs
http://www.cnfblog.com/blogs.php?blog_id=12654
http://blogsdelagente.com/shuijin12
http://www.cretaceousworld.com/geobooks/My.asp?User_ID=4451
http://solobuscame.com/social/blog.php?user=shuijin12
http://www.freeblognetwork.com/shuijin12
http://www.blogouf.com/shuijin12
http://bbs.hkange.com/boke.asp?shuijin12.index.html
http://shuijin12.blognic.net
http://shuijin12.blog-libre.net
http://www.blog2net.com/shuijin12
http://www.exfling.com/community/blogs/posts/shuijin12
http://redsocial.redindustrial.com.mx/blog.php?user=cheap444@hotmail.com
http://www.sanalkahve.com/user/shuijin12/blogs
http://www.bullshitzone.com/shuijin12/blog
This post is awesome,ecpecting the newest!!!LIKE IT LIKE IT LIKE IT!!! iozyda iozyda - high supra shoes.
What is the，opi nail polish first thing，OPI France Collection that this official，OPI BrightPair Collection is going to do?cheap opi nail polish He or she is going to go out and hire like minded people, OPI Sunbelievable Collectionpeople who will，OPI India Collection do all that they，opi nail polish wholesale can to ensure the success of the task.OPI Shrek NLB90Every level of the office, from the secretaries to the janitors，OPI Katy Perry Collection will support the initiatives at hand. OPI Texas Collection Once every department is equipped ，OPI Night Brights Collectionwith hand chosen and，OPI Russian Collection not necessarily the most qualified people; OPI Shrek Collectionthe structure of systematic racism is in place.mac makeupThe next thing，MAC Makeup Hellokitty that will be done is the，Wholesale MAC Makeup Bags recruiting of business owners in order to use，cheap mac makeup economics deprivation as a means of social control. This will be an easy sell because some of the business，Mac Makup Eyeshadow HelloKitty Shimmering owners in small town America are，Mac Makup Eyeshadow Wholesale 12 Color in line with maintaining the status quo anyway. Discount Mac Makeup Bags Voal Mini In many small towns, the businesses that are owned there，Discount Mac Makeup Bags Rose Romantic have been owned by the same family for many years, Cheap Mac Makeup With Red Edgethey are cornerstones of the economic aura of small town America.discount mac makeup How will these businesses contribute to the task?Wholesale Mac Makup Eyeshadow HelloKitty Bright Some of these ，Discount Mac Makeup Bags Square With Blackbusinesses will utilize，mac makeup wholesale deceptive hiring practices; Mac Makeup Wholesale Bags Leather With Orangemaking sure that keep minority，mac makeup employee numbers at a bare minimum.cheap mac makeup Other businesses may，mac cosmetics practice unequal treatment of business constituents;mac blush refusing to do business with minority business owners,mac foundation in hopes to starve out that business is the objective.mac makeup wholesaleNext on the，mac makeup discount agenda is to alienate one side of a town from the other.chanel makeup The old cliché ofdior makeup "Those people from the other side of the tracks" bobbi brown cosmeticsreally hits home with me because I was one of "Those people".mac cosmetics wholesale Out of sight out of mind sums it all up, highways are setup to bypass，mac cosmetics cheap those sides of town, reinvestment funds are not used to develop,wholesale mac cosmetics those sides of town.When you factor in all other variables such as crime rates,discount mac cosmetics dropout rates, early pregnancies etc… you can see systematic racism at its best.Mac BrushesNow it's time to divide the divided, turning minorities，Mac Eyeliner against one another has been a tact used for many years and is still used today. Mac Eyeliner GelI know you are probably asking the question,Mac Brushes what does this concept have to do with systematic racism? Well, if you，Mac Cosmetics Wholesale Lot think about it if a City official, business leader，GHD Official Website or some other member of the "in crowd" befriends some key figures in the minority community,GHD UK Exclusive Sale then those key people will defend them against any backlash.
The jackets from the Woolrich Online store you can get the jackets with very cheap prices. Seen in knitted designed with pink color designed [url=http://www.discountwoolrich.co.uk/]Woolrich Parka[/url] hat scarf set may meet your needs. you will love the outlets in our store completely. why not come to our store for choices?
<p>wholesale pearl bracelet</p>
<p>pearl bracelet</p>
<p>pearls bracelet</p>
<p>freshwater pearl bracelet</p>
<p>gold pearl bracelet</p>
<p>black pearl bracelet</p>
<p>white pearl bracelet</p>
<p>black pearl bracelets</p>
<p>cultured pearl bracelet</p>
<p>pearl leather bracelet</p>
<p>pearl bracelets for brides</p>
<p>faux pearl bracelet</p>
<p>pearl stretch bracelet</p>
<p>pink pearl bracelet</p>
<p>stretch pearl bracelet</p>
<p>pearl bracelet jewelry</p>
<p>cheap pearl bracelet</p>
<p>pearl ring</p>
<p>fashion rings</p>
<p>black pearl ring</p>
<p>gold pearl ring</p>
<p>white pearl ring</p>
<p>freshwater pearl ring</p>
<p>pink pearl ring</p>
<p>cultured pearl ring</p>
<p>pearl rings for sale</p>
<p>cheap pearl rings</p>
ugg boots cheap
ugg boots uk sale
ugg boots cheap uk
UGG Boots UK online
UGG UK Sale
UGGs Sale
UGG Sale UK
Uggs sale uk
UGG Sale
Belstaff Jackets
Belstaff Jackets Sale
Belstaff Jackets Sale uk
Belstaff uk
cheap ugg boots uk
UGG boots for cheap
New ugg boots
Jimmy choo uggs
Mens Belstaff Jackets
Belstaff Mens Jackets
Belstaff Leather Jackets
Belstaff Trialmaster
Womens Belstaff Jackets
Belstaff Blouson Jacket
Belstaff Trialmaster Jacket
Mens Moncler Jackets Sale
Womens Moncler Jackets Sale
UGG Classic tall boots
UGG Classic Short boots
UGG Bailey Button boots
UGG Bailey Button Triplet boots
UGG cardy Boots sale
UGG Kensington Boots sale
UGG classic mini Boots sale
UGG Plumdale Boots sale
UGG Nightfall Boots sale
UGG Fringe Cardy Boots sale
UGG Jimmy Choo Boots sale
UGG Ultra Tall sale
UGG Ultra Short Boots sale
UGG Paisley Boots sale
UGG Classic tall
UGG Classic Short
UGG Bailey Button
UGG Bailey Button Triplet
UGG cardy Boots
UGG Kensington Boots
UGG classic mini Boots
UGG Plumdale Boots
UGG Nightfall Boots
UGG Fringe Cardy Boots
UGG Jimmy Choo Boots
UGG Ultra Tall
UGG Ultra Short Boots
UGG Paisley Boots
UGG Elsey Boots
UGG Classic Crochet Boots
UGG Classic Metallic Boots
leather UGG Boots
UGG langley boots
tall UGG Boots classic
UGG Sundance Boots
UGG Women's Gissella Boots
womens suede UGG
UGG Suburb Crochet
classic tall UGG Boots
UGG Women's Liberty Boots