Glenn Karisch’s Texas Probate Resources
Welcome to the Texas Probate Resources website, your source for information on estate planning, probate, and trust law in Texas. This site is owned and maintained by Glenn Karisch of Karisch Jonas Law, PLLC, in Austin, Texas. For information dating from before February 1, 2011, visit the legacy site at texasprobate.net.
Texas Probate
Awaiting Governor's Signature: SB 1 (First Called Session) -- Transfers of guardianships
Caption: Relating to certain state fiscal matters; providing penalties.
Author: Duncan, Shapiro
Bill History
Bill Text
Relevance: In a rarity for probate and guardianship legislation, SB1 in the First Called (Special) Session makes some changes to the guardianship portion of the Probate Code. It is primarily a school finance bill, but it has been loaded up with provisions from bills which failed to pass during the regular session. It makes a number of changes to the provisions regarding transfer of guardianship proceedings (Sections 612, 613, 614, 615, 616, 617, 618 and 619), including requiring the guardian of a guardianship that is transferred to give a new bond payable to the court to which the guardianship is transferred or to file a rider to the existing bond noting the court to which the guardianship is transferred. (Section 614) The bill also requires the court to which the guardianship is transferred to conduct a hearing within 90 days to consider modifying the rights, duties, and powers of the guardian. (Section 619) SB1 also alters the procedures for dealing with interstate guardianships (Sections 892, 893, 894 and 895). New Section 895 provides a means for a court in which a guardianship proceeding is pending to determine if it is the most appropriate forum for the guardianship.
Enacted-Effective 9/1/11: SB 1810 -- Inherited IRAs exempt from creditors
Caption: Relating to the exemption of certain retirement accounts from access by creditors.
Author: Carona
Bill History
Bill Text
Relevance: This bill would make it clear that inherited IRAs are exempt from creditors' claims. There are cases nationwide which have gone both ways on this issue.