Texas 2011 - 82nd Regular

Texas Senate Bill SB1197

Filed
 
Introduced
3/4/11  
Out of Senate Committee
4/27/11  
Voted on by Senate
5/3/11  
Refer
3/16/11  
Out of House Committee
5/17/11  
Report Pass
4/27/11  
Voted on by House
5/19/11  
Engrossed
5/3/11  
Governor Action
6/17/11  
Refer
5/4/11  
Bill Becomes Law
 
Report Pass
5/13/11  
Enrolled
5/20/11  
Enrolled
5/20/11  
Passed
6/17/11  

Caption

Relating to trusts.

Impact

The impacts of SB1197 are multifaceted, primarily focusing on legal interpretations that influence how trusts operate within Texas law. By addressing forfeiture clauses, the bill guards beneficiaries against having their rights waived simply for seeking legal recourse. This protection ensures that those with just cause for contesting a trust can do so without fear of penalty, thus fostering a more equitable legal environment for trust administration. Additionally, by clarifying the necessary parties in trust-related actions, the bill simplifies legal proceedings and enhances procedural efficiency in the courts.

Summary

SB1197 proposes amendments to the Texas Property Code concerning the establishment and administration of trusts. This bill makes specific changes to the understanding of trustees’ responsibilities and the rights of beneficiaries. It primarily aims to clarify rules regarding the distribution of trust assets, the necessary parties in legal actions involving trusts, and the validity of forfeiture clauses that may void beneficiaries' rights based on their participation in legal actions against a trust. The amendments are designed to foster clarity and fairness in trust administration, particularly during contentious situations.

Contention

Notably, discussions around SB1197 may involve concerns over the potential for ambiguity in how new terms and definitions are interpreted in legal settings. Stakeholders may debate the implications of amending existing property laws, particularly regarding the balance between protecting beneficiaries' interests and maintaining the intended provisions of the trust. Opponents may fear that increased protections for beneficiaries could create a more litigious environment, increasing the number of disputes regarding trusts. As trust law is often case-sensitive, the practical application of these amendments will be critical in determining their success and acceptance in Texas law.

Companion Bills

TX HB1835

Identical Relating to trusts.

Similar Bills

TX HB3121

Relating to a revocable deed that transfers real property at the transferor's death.

TX SB2150

Relating to a revocable deed that transfers real property at the transferor's death.

CA SB315

Revocable transfer on death deeds.

CA SB1305

Revocable transfer on death deeds.

SC S0049

Transfer on Death Deed

IN HB1034

Insurance and transfer on death deeds.

CA AB288

Revocable transfer on death deeds.

IA HF940

A bill for an act relating to civil law, including providing notice to named beneficiaries in probate law, a process for named beneficiaries to obtain ownership of property held by others in probate law, and authorizing spouses to amend premarital agreements, and including applicability provisions. (Formerly HF 713.)