By: Murr (Senate Sponsor - Zaffirini) H.B. No. 1877
(In the Senate - Received from the House May 8, 2017;
May 9, 2017, read first time and referred to Committee on State
Affairs; May 12, 2017, reported favorably by the following vote:
Yeas 9, Nays 0; May 12, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to a penalty for independent executors who misrepresent in
an affidavit in lieu of the inventory, appraisement, and list of
claims that certain beneficiaries received the inventory and
appraisement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 309, Estates Code, is
amended by adding Section 309.0575 to read as follows:
Sec. 309.0575. PENALTY FOR MISREPRESENTATION IN AFFIDAVIT
IN LIEU OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS. (a) The
court, on its own motion or on motion of any person interested in
the estate, and after an independent executor has been cited to
answer at a time and place fixed in the notice, may fine an
independent executor in an amount not to exceed $1,000 if the court
finds that the executor misrepresented in an affidavit in lieu of
the inventory, appraisement, and list of claims filed by the
executor that all beneficiaries, other than those described by
Section 309.056(b-1), received a verified, full, and detailed
inventory and appraisement as required by Section 309.056(b).
(b) The independent executor and the executor's sureties,
if any, are liable for any fine imposed under this section and for
all damages and costs sustained by the executor's
misrepresentation. The fine, damages, and costs may be recovered
in any court of competent jurisdiction.
SECTION 2. Section 309.0575, Estates Code, as added by this
Act, applies only to the estate of a decedent who dies on or after
the effective date of this Act. The estate of a decedent who dies
before the effective date of this Act is governed by the law in
effect on the date of the decedent's death, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.
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