x-Did Not Pass: HB 1835 -- REPTL trust bill

Caption: Relating to trusts.
Author: Hartnett
Bill History
Bill Text

Note:  While HB 1835, its companion, SB 1197, passed both houses and, as of May 19, 2011, is awaiting Governor Perry's signature.

Relevance: This bill is supported by the Real Estate, Probate and Trust Law Section of the State Bar of Texas and makes several minor or technical changes to the Texas Trust Code.  It:

• Contains a special extension of the disclaimer deadline to match the extension in the 2010 tax law. (Section 112.010)
• Makes a slight change in the forfeiture (in terrorem) statute -- "just cause" must have existed for bringing the action, not "probable cause." (Section 112.038)
• Allows waiver of notice of nonjudicial divisions and combinations of trusts. (Section 112.057)
• Makes clear that a county court at law exercising the jurisdiction over a trust given it by Section 4B of the Probate Code has trust jurisdiction. (Section 115.001)
• Makes venue in a trust case proper in a court in which an estate is pending. (Section 115.002)
• Removes a beneficiary whose interest has been distributed, extinguished, terminated or paid from the list of necessary parties to trust litigation. (Section 115.011)
• Makes a couple of technical changes to the Texas Uniform Principal and Income Act (Sections 116.005 and 116.205)

See "REPTL bills would make changes to trusts, guardianships and powers of attorney" on texasprobate.com.