81R4192 CLG-D
By: Riddle H.B. No. 2842
A BILL TO BE ENTITLED
AN ACT
relating to the reimbursement of expenses from a decedent's estate
for certain court proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Part 6, Chapter VII, Texas Probate Code, is
amended by adding Section 246 to read as follows:
Sec. 246. ALLOWANCE FOR DEFENDING CERTAIN ACTIONS. (a) A
person designated as executor in a decedent's will shall be allowed
out of the estate the person's necessary expenses and
disbursements, including reasonable attorney's fees, incurred in
defending a proceeding that:
(1) is brought against the person in the person's
former capacity as the decedent's agent under a durable power of
attorney; and
(2) involves property of the decedent's estate.
(b) A person designated as a devisee in or beneficiary of a
decedent's will shall be allowed out of the estate the person's
necessary expenses and disbursements, including reasonable
attorney's fees, incurred in prosecuting a proceeding described by
Subsection (a) of this section that is brought by the person in good
faith and with just cause.
SECTION 2. The changes in law made by this Act apply only to
a proceeding that is instituted on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2009.