Texas House Bill HB3350

Texas 2009 - 81st Regular

• Out of House Committee: 5/4/09
• Voted on by House: 5/18/09
• Out of Senate Committee: 5/23/09

Caption

Relating to decedents' estates.

Impact

The proposed amendments reshape legal practices concerning the handling of decedents' estates. One significant change is the specification of judicial venues for causes of action tied to a decedent's estate, potentially impacting how estate claims are processed and resolved. The amendments aim to address conflicts in existing legislative frameworks that can create confusion over where such cases should be heard, which could lead to inconsistency in legal outcomes.

Summary

House Bill 3350 aims to modify provisions related to decedents' estates within the Texas Probate Code. The bill introduces amendments that clarify the venue for certain lawsuits involving executors, administrators, and guardians in cases related to personal injury, death, or property damage. Specifically, it states the venue for actions related to the estate is determined by provisions of the Civil Practice and Remedies Code. This change will help delineate the roles and responsibilities of personal representatives when dealing with claims against estates, thereby streamlining legal proceedings during probate.

Contention

Notable points of contention surrounding HB3350 may arise from the implications for divorced individuals concerning the revocation of property transfers upon the dissolution of marriage. The bill specifies that certain dispositions and appointments made in trust instruments before the dissolution of a marriage are automatically revoked, underlining the importance of updating legal documents after a marital change. Critics may argue about the fairness and consequences of such automatic revocations, particularly for former spouses who might unexpectedly lose property rights without proper notice or recourse.