Pending Legislation: These Changes Have Gone to the Governor
This is part of a series of blog posts about legislation pending in Texas.
We are getting to the point of the biennial legislative session where some bills have already passed both houses and are sitting on the Governor’s desk. It is possible that he will veto one or more of these bills, but that is unlikely. Thus, the following changes are likely to become law later this year.
Qualified Delivery Method -- Several notices related to decedent’s estates and guardianships which now require registered or certified mail soon may be delivered by hand delivery by courier with the courier’s proof of delivery receipt or by private delivery service such as Federal Express with proof of delivery receipt. (SB 1373 and SB 1457) This will make it easier to accomplish service, now that return of certified mail green cards sometimes take forever.
Unsworn Declarations Instead of Oaths – Under current law, personal representatives must give an oath before the clerk or a notary public in order to serve. Under SB 1373, they will be able to serve upon giving an unsworn declaration.
Community Property Liability in Estates – The Estates Code is clarified to provided that (a) all of the joint management community property and all of the deceased spouse’s sole management community property is subject to the liabilities of the deceased spouse, (b) the half of the deceased spouse’s sole management community property that was owned by the surviving spouse is subject to the liabilities of the surviving spouse, and (c) the half of the surviving spouse’s sole management community property that was owned by the deceased spouse “passes to the deceased spouse’s heirs or devisees charged with the liabilities of the deceased spouse.” (SB 1373)
Felons Serving as Executor – A felon may serve as executor of a decedent’s estate if (1) the person is named in the decedent’s will, (2) the person is otherwise qualified to serve as executor, and (3) the court approves. (SB 1373)
Disclaimers Under Powers of Attorney – Currently a disclaimer by a fiduciary which results in property passing to the person making the disclaimer must be approved by a court. Under SB 1650, court approval no longer will be required if the disclaimer is authorized under the Durable Power of Attorney Act.