The Texas House Committee on Judiciary and Civil Jurisprudence met yesterday and one of the bills heard was HB 1934, a bill “relating to an allowance from a decedent’s estate for devisees in and beneficiaries of a will who defend and prosecute certain proceedings relating to the will.”
Text of HB 1934, sponsored by Rep. Beverly Woolley, R-Houston, is available here. Video of the bill is available here. Testimony on HB 1934 begins at 3:44:40.
Al Golden, representing the Texas Academy of Probate and Trust Lawyers, spoke against the bill saying it would in many situations cut off the ability of a beneficiary to contest a will or put forth another will.
He and Rep. Woolley discussed points of disagreement on the bill’s intent and impact. Rep. Will Hartnett, R-Dallas, provided additional background and perspective. Chairman Jim Jackson, R-Carrollton, also weighed in to verify his understanding.
Testimony by Lou Ann Anderson on behalf of herself and Americans for Prosperity-Texas, acknowledged that perhaps confusion existed on her part as well, but expressed support of the bill based on its appearance to offer at least a “fighting chance” to more targets of questionable probate proceedings.
As these cases can manifest in a variety of configurations, Anderson said HB 1934 seems to correctly refrain from assuming that either side of any litigation is inherently more honest. It could be a positive force as an equalizer allowing both sides access to representation.
Estates of modest value, $500,000 to $1 million, can be appealing targets as their values offer enough to be a worthwhile pursuit, but not enough to be cost effectively defended in a civil court action. Many Texans fall into this category so the defense ability seemingly offered by HB 1934 could hopefully come to protect the honest and to dissuade the dishonest.
Anderson also made the point that confidence in any probate reform bill is influenced by a lack of confidence in the courts. Abusive probate actions can bring a loss of money, other property, opportunity, time and many other things. One of the worst, though, is the loss of believing in the integrity of our country’s judicial system. People routinely walk away from probate cases with a belief that the courts are nothing but a system organized by the legal industry for its own self-enrichment through plundering the public’s hard-earned assets while operating under the guise of justice.
Regardless what happens with this legislation, it should be viewed as an important first step that appears intended to protect Texans’ property rights and their heirs’ or beneficiaries’ rights of inheritance opposed to much legislation that seems focused on points beneficial to the legal industry. Thank you to Rep. Woolley for her sponsorship.
In evidence yesterday also was the legal folks’ comfort with probate complexities while the non-legal folks seemed to be seeking simplification. As probate impacts individuals from all walks of life, wouldn’t it be great for people to understand the system that will ultimately directs the distribution of their lifelong accumulation of assets?
We vote common sense and plain language as good starting point – and here at Estate of Denial™, we’re happy to help!
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.
