Texas House Bill HB2492

Texas 2011 - 82nd Regular

• Introduced: 3/8/11
• Out of House Committee: 5/4/11
• Voted on by House: 5/12/11
• Refer: 3/14/11
• Out of Senate Committee: 5/21/11
• Report Pass: 5/2/11
• Voted on by Senate: 5/25/11
• Engrossed: 5/12/11
• Governor Action: 6/17/11
• Refer: 5/12/11
• Report Pass: 5/21/11
• Enrolled: 5/27/11
• Passed: 6/17/11

Caption

Relating to the family allowance, treatment of exempt property, and an allowance in lieu of exempt property in the administration of a decedent's estate.

Impact

One significant change proposed by HB 2492 is the introduction of thresholds for determining when no administration of an estate is necessary, based on its total assets excluding the homestead and exempt properties. This shift is aimed at simplifying the probate process for smaller estates and ensuring that financial support is promptly allocated to surviving family members. The bill also modernizes procedures for applying for family allowances and for the distribution of exempt properties, which could help streamline the often complex probate process and lessen the burden on grieving families.

Summary

House Bill 2492 amends the Texas Probate Code, specifically focusing on the family allowance and the treatment of exempt property in the administration of a decedent's estate. The bill lays out provisions for family allowances to support surviving spouses, minor children, and adult incapacitated children, particularly emphasizing that the allowance should be sufficient for their maintenance for one year following the decedent's death. Furthermore, it outlines procedures for setting aside exempt properties, including homesteads, that benefit these individuals without the need for full administration of the estate if its total assets fall below specified thresholds.

Contention

There are noteworthy points of contention regarding how family allowances are allocated, especially in situations where a surviving spouse does not share biological children with the decedent. The legislation attempts to clarify how assets should be divided in mixed families, aiming to prevent conflicts over the distribution of property, particularly for adult incapacitated children and stepchildren. Additionally, while proponents argue that the amendments will protect vulnerable family members, critics might express concern regarding the potential for inequities in the allowance distribution process, especially between spouses and children from previous relationships.