Bill Pargaman's Legislative Preview

Bill Pargaman

Bill Pargaman, Chair of the Legislative Committee of the Real Estate, Probate and Trust Law Section of the State Bar of Texas, has recently updated his preview of the upcoming Texas legislative session.

He discusses the legislative process, the impending codification of the Probate Code and the changes we can expect in probate, guardianship and trust law this year.

Session Begins January 11

The regular session of the 82nd Texas Legislature begins Tuesday, January 11, 2011.  The dominant issues this session promise to be the budget shortfall and redistricting.  Hopefully there will be some time given to other issues, like probate, guardianship and trust law legislation.

Sen. Chris Harris, the new chairman of the Jurisprudence Committee

In the Senate, Senator Chris Harris (R-Arlington) is the new chairman of the Jurisprudence Committee.  Most probate, guardianship and trust law legislation will go through the Jurisprudence Committee.  Other members of that committee are Senators Mario Gallegos, Jr. (D-Houston), John Carona (R-Dallas), Robert Duncan (R-Lubbock), Juan Hinojosa (D-McAllen), Joan Huffman (R-Southside Place) and Carlos Uresti (D-San Antonio).

The shape of the session in the House hasn't been determined.  At this writing (January 6, 2011), a speaker hasn't been chosen.  It is likely to take the new speaker weeks to make committee assignments.

x-Did Not Pass: SB 286 -- Costs in guardianships

Caption:  Relating to attorney's fees and other amounts taxed as costs in guardianship proceedings.
Author:  Harris
Bill History
Bill Text 

Relevance:  This bill would amend Probate Code Sections 665A and 665B to permit the court to allocate costs in a guardianship proceeding among the parties as the court finds is fair and just.  Costs include compensation of attorneys ad litem, guardians ad litem, mental health professionals and interpreters.

See "Ad litem fees and attorneys' fees in guardianships: who pays?" on texasprobate.com.

x-Did Not Pass: SB 261 -- Perpetuities

Caption: Relating to the rule against perpetuities.
Author:   Carona
Bill History
Bill Text 

Relevance:  HB 372 would modify the rule against perpetuities to permit trusts to last for 200 years.

See "Perpetuities: How about 200 years?" on texasprobate.com. 

x-Did Not Pass: HB 372 -- Perpetuities

Caption:  Relating to the rule against perpetuities.
Author:  Hartnett
Bill History
Bill Text

Relevance:  HB 372 would modify the rule against perpetuities to permit trusts to last for 200 years.

See "Perpetuities: How about 200 years?" on texasprobate.com. 

Enacted-Effective 9/1/11: SB 220 -- Guardianships and DADS

Caption: Relating to guardianships, including the assessment of prospective wards for, and the provision of, guardianship services by the Department of Aging and Disability Services.
Author:  Nelson
Bill History
Bill Text 

 Relevance:  Revises sections of the Probate Code regarding guardianship costs, notice, citation, removal and reinstatement of a guardian and permanent successor guardians.

See "Ad litem fees and attorneys' fees in guardianships: who pays?" on texasprobate.com.

Texas Probate, Trust and Guardianship Legislation, 1997 - 2009

Glenn Karisch has been tracking legislation and writing about it on The Texas Probate Web Site since 1997. With the transition to the new web site in January 2011, the information about legislation from prior sessions was moved to the legacy Texas Probate Web Site at texasprobate.net.  Please note that it is possible that moving the old pages to the legacy site may have broken some of the links.  The vast majority still work, but if you encounter a broken link, please email Glenn at karisch@texasprobate.com, and he may be able to fix the link.

Here are links to some of the 1997 - 2009 information:

2009 Legislation

The 2009 session will be remembered for:

• "Chubbing" in the House late in the session, which caused many bills -- including REPTL's decedents' estates bill -- from passing.

• Enactment of the first 65 chapters of the new "Estates Code," set to become effective January 1, 2014. These changes included most of the chapters on decedents' estates.

• Enactment of new jurisdictional rules affecting decedents' estates -- gone are "appertaining to and incident to an estate," replaced by "probate proceedings" and "matters related to probate proceedings."

• New statutes making it easier to place residential property in revocable living trusts while maintaining homestead protections.

• A new statute on in terrorem ("no contest") provisions in wills and trusts which prohibits their enforcement in cases where probable cause exists for bringing the action and the action is brought and maintained in good faith.

• New options for special needs trusts making it easier to get court approval of these government-benefit-planning devices, including 867 Trusts with individuals or guardianship programs as trustees and court-ordered placement of funds in a pooled interest trust.

Web site resources include:

• Glenn Karisch's 2009 Texas Legislative Update -- Glenn Karisch's summary of 2009 probate, guardianship and trust law changes in pdf format.

• Bill Pargaman's 2009 Texas Legislative Update -- Bill Pargaman's summary of the changes affecting trust law, probate and guardianships, including the full text of Probate Code and Trust Code changes, in pdf format.

• Other 2009 resources.

 2007 Legislation

Key changes in 2007 include:

• Major changes to Probate Code Section 128A, requiring notice to beneficiaries that a will has been probated and an independent executor appointed.

• Repeal of the 2005 statute requiring trustees to keep beneficiaries informed.

• A myriad of changes affecting decedents' estates, including making marriage voidable after death based on mental incapacity, new rules about handling unpaid child support claims, "disinheriting" bad parents and changes to the rules about what happens when spouses divorce but don't change their wills.

• Changes to pleading, proof and order requirements for guardianships intended to protect proposed ward's rights to vote and drive

Here are links to web site resources:

• Glenn Karisch's 2007 Texas Legislative Update -- Glenn Karisch's summary of the changes affecting trust law, probate and guardianships, including the full text of Probate Code and Trust Code changes, in pdf format.

• Other 2007 resources, including Section 128A notice and affidavit forms.

2005 Legislation

2003 Legislation

2001 Legislation

1999 Legislation

1997 Legislation