Texas House Bill HB2843

Texas 2009 - 81st Regular

Caption

Relating to certain joint accounts with rights of survivorship.

Impact

The bill has important implications for estate planning and the management of joint accounts. By clearly defining how assets in joint accounts are treated upon the death of one account holder, the legislation aims to reduce disputes that may arise regarding the distribution of assets. If enacted, it will provide more security for surviving account holders who depend on joint accounts for financial stability after the death of a partner or co-owner.

Summary

House Bill 2843 aims to amend the Texas Probate Code to clarify the handling of joint accounts with rights of survivorship. The bill specifies that sums remaining in a joint account at the death of a party belong to the surviving party or parties, provided there is a written agreement indicating such intent. This written agreement must state that all sums in the account vest in the surviving party upon the death of one party. Furthermore, the bill emphasizes that a survivorship agreement cannot be inferred solely from the existence of a joint account.

Contention

One notable point of contention in discussions around HB 2843 is the burden of proof placed on the surviving party in cases where the deceased's intent to confer a right of survivorship is contested. Critics argue that this may complicate the grieving process for surviving family members, as they might need to provide evidence supporting their claim to the funds. Supporters of the bill, however, believe that it will help to prevent potential financial exploitation and ensure that funds are disbursed according to the deceased party's intentions.