| 1 | 1 | | By: King of Parker (Senate Sponsor - Rodriguez) H.B. No. 789 |
|---|
| 2 | 2 | | (In the Senate - Received from the House April 15, 2013; |
|---|
| 3 | 3 | | April 18, 2013, read first time and referred to Committee on |
|---|
| 4 | 4 | | Jurisprudence; May 16, 2013, reported favorably by the following |
|---|
| 5 | 5 | | vote: Yeas 7, Nays 0; May 16, 2013, sent to printer.) |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | A BILL TO BE ENTITLED |
|---|
| 9 | 9 | | AN ACT |
|---|
| 10 | 10 | | relating to the allowance in lieu of exempt property in the |
|---|
| 11 | 11 | | administration of a decedent's estate. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | ARTICLE 1. CHANGES TO TEXAS PROBATE CODE |
|---|
| 14 | 14 | | SECTION 1.01. Section 273, Texas Probate Code, is amended |
|---|
| 15 | 15 | | to read as follows: |
|---|
| 16 | 16 | | Sec. 273. ALLOWANCE IN LIEU OF EXEMPT PROPERTY. In case |
|---|
| 17 | 17 | | there should not be among the effects of the deceased all or any of |
|---|
| 18 | 18 | | the specific articles exempted from execution or forced sale by the |
|---|
| 19 | 19 | | Constitution and laws of this state, the court shall make a |
|---|
| 20 | 20 | | reasonable allowance in lieu thereof, to be paid to such surviving |
|---|
| 21 | 21 | | spouse and children, or such of them as there are, as hereinafter |
|---|
| 22 | 22 | | provided. The allowance in lieu of a homestead shall in no case |
|---|
| 23 | 23 | | exceed $45,000 [$15,000] and the allowance for other exempted |
|---|
| 24 | 24 | | property shall in no case exceed $30,000 [$5,000], exclusive of the |
|---|
| 25 | 25 | | allowance for the support of the surviving spouse, minor children, |
|---|
| 26 | 26 | | and adult incapacitated children which is hereinafter provided for. |
|---|
| 27 | 27 | | SECTION 1.02. The changes in law made by this article to |
|---|
| 28 | 28 | | Section 273, Texas Probate Code, apply only to the estate of a |
|---|
| 29 | 29 | | decedent who dies on or after the effective date of this Act. The |
|---|
| 30 | 30 | | estate of a decedent who dies before the effective date of this Act |
|---|
| 31 | 31 | | is governed by the law in effect on the date of the decedent's |
|---|
| 32 | 32 | | death, and the former law is continued in effect for that purpose. |
|---|
| 33 | 33 | | ARTICLE 2. CHANGES TO ESTATES CODE |
|---|
| 34 | 34 | | SECTION 2.01. Section 353.053(b), Estates Code, as |
|---|
| 35 | 35 | | effective January 1, 2014, is amended to read as follows: |
|---|
| 36 | 36 | | (b) The allowance in lieu of a homestead may not exceed |
|---|
| 37 | 37 | | $45,000 [$15,000], and the allowance in lieu of other exempt |
|---|
| 38 | 38 | | property may not exceed $30,000 [$5,000], excluding the family |
|---|
| 39 | 39 | | allowance for the support of the surviving spouse, minor children, |
|---|
| 40 | 40 | | and adult incapacitated children provided by Subchapter C. |
|---|
| 41 | 41 | | SECTION 2.02. Section 273, Texas Probate Code, as amended |
|---|
| 42 | 42 | | by Article 1 of this Act, is repealed. |
|---|
| 43 | 43 | | SECTION 2.03. This article takes effect January 1, 2014. |
|---|
| 44 | 44 | | ARTICLE 3. EFFECTIVE DATE |
|---|
| 45 | 45 | | SECTION 3.01. Except as otherwise provided by this Act, |
|---|
| 46 | 46 | | this Act takes effect September 1, 2013. |
|---|
| 47 | 47 | | * * * * * |
|---|