The 82nd Texas Legislature is in session with what promises to be an interesting few months. This will be one of those “big issue” sessions during which hot-button issues like the budget shortfall, redistricting, health care, education and immigration capture headlines while many secondary issues - including probate reform – see more limited action.
That said, several probate measures have been filed. Here’s what we’re aware of so far:
SB 220 Author: Nelson
Relating to guardianships, including the assessment of prospective wards for, and the provision of, guardianship services by the Department of Aging and Disability Services.
SB 261 Author: Carona
Relating to the rule against perpetuities.
SB 286 Author: Harris
Relating to attorney’s fees and other amounts taxed as costs in guardianship proceedings.
The Real Estate, Probate and Trust Law Section of the State Bar of Texas has published a 2011 legislative preview outlining “Proposed Statutory Changes Affecting Probate, Guardianships, Trusts, Powers of Attorney, and Other Areas of Interest to Estate and Probate Practitioners.” This report addresses a minimalist approach to legislation during this session as “tinkering” ahead of a new Estates Code scheduled to go into effect Jan. 1, 2014.
We’ll keep you posted as new filings become available.
Estate of Denial® provides news, analysis and commentary on abusive practices occurring in probate courts and via probate instruments (wills, trusts, guardianships, powers of attorney). We provide original perspective to educate the public regarding this growing threat to both individual freedoms and property rights.
