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.

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x-Did Not Pass: HB 1813 -- Unvested contingent beneficiary is still a trust beneficiary

Caption: Relating to a beneficiary or interested person for the purposes of the Texas Trust Code.
Author: Phillips
Bill History
Bill Text

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.

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