2019 Probate Academy Dr. Gerry W. Beyer Governor Preston E. Smith - - PowerPoint PPT Presentation

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2019 Probate Academy Dr. Gerry W. Beyer Governor Preston E. Smith - - PowerPoint PPT Presentation

Oct 07, 2023 34 likes •424 views

2019 Probate Academy Dr. Gerry W. Beyer Governor Preston E. Smith Regents Professor of Law Texas Tech University School of Law 1 UT and A&M would have to play football against each other every Thanksgiving weekend. Failure to do

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  • Dr. Gerry W. Beyer

Governor Preston E. Smith Regents Professor of Law Texas Tech University School of Law

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2019 Probate Academy

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 UT and A&M would have to play football

against each other every Thanksgiving weekend.

  • Failure to do so would result in defunding of all

state money for athletic scholarships.

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 Monday, May 27, 2019

  • Last possible day for voting on bills.

 Sunday, June 18, 2019

  • Last possible day for governor to sign or veto.

 Monday, August 26, 2019

  • Effective date for bills without specific effective

dates.

▪ Most bills have effective date of September 1, 2019

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  • 1. Intestacy
  • 2. Wills
  • 3. Estate Administration
  • 4. Other Probate Matters

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 Assume Surviving Spouse, one marital child,

and one non-marital child.

  • SS keeps his/her 50%.
  • Each child inherits 25%.
  • Some lawyers and

judges incorrectly claimed:

▪ SS keeps his/her 50%. ▪ SS inherits 25%. ▪ Each child inherits 12.5%.

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 Non-English wills would need:

  • English translation
  • Affidavit swearing to accuracy of translation
  • Filed along with will

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 In a county without a statutory probate court or county

court at law exercising probate jurisdiction, if multiple parties request assignment of a statutory probate judge or transfer to district court, the first one filed must be granted.

  • A party can file the motion with the party’s original pleadings to

guaranty a first-place position.

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 If a party asks for assignment of a statutory probate judge,

the court could order the estate to reimburse the county for the costs associated with the assignment.

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 Probate proceedings may be transferred to county of

executor's residence after issuance of letters if no immediate family member resides in the county of the decedent’s residence.

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 Two disinterested and credible witnesses needed unless

court satisfied that only one can be found.

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 Distributees could waive bond for an independent executor

  • r administrator even if the will does not do so.

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 Without court approval, a dependent personal

representative could hire and pay:

  • Accountants,
  • Bookkeepers,
  • Tax professionals,
  • Real estate agents, and
  • Appraisers.

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 Court approval in dependent administration only needed

for fees in excess of one-third.

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 Creation of a procedure for the personal

representative to terminate the lease of a deceased tenant early to avoid liability for rent after the tenant’s death.

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 A testator would have the ability to designate a person

who has the power to select a successor personal representative.

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 Removal of will reformation actions from constitutional

county court in counties without a statutory probate court would be allowed.

  • To county court-at-law with original probate jurisdiction, or, if

none,

  • To district court.

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 Even after probating a will as a muniment of title, a

personal representative can be appointed if:

  • Filed within four years of death, or
  • Court finds administration is necessary.

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 Clarifies procedure for executors and administrators,

especially independent ones, to get a court order to access digital assets.

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 These two categories are now combined with the $15,000

limit

 They would be separated with each having a $15,000 limit.

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 Rules currently governing wills would now govern

revocable trusts such as:

  • Pretermitted children
  • Anti-lapse provisions
  • Class gift rules
  • Advancements

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 Judicial reformations would relate back to date of trust

creation rather than date of judgment.

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 The second “decanting” trust could be

created under the same instrument as the

  • riginal trust.
  • Would allow decanting into trust with same

name as original to save costs:

▪ Keep same TIN ▪ Avoid need to retitle trust property

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 Person with authority to direct, consent to,

  • r disapprove trustee decisions =
  • Fiduciary!

 Person with authority to remove and

appoint trustees, advisors, protectors, etc. =

  • Not fiduciary.

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 Settlor would not be able to limit the court’s ability to deny

trustee’s fees or make an equitable and just award of costs and attorney fees.

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 Time period to become 300 years from effective date of

trust.

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 Repeal of Statutory Forms

  • Creation
  • Revocation

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 Statutory form would become optional.

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 Instead of witnessing of documents, notarization would be

allowed.

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