2011 Legislation

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The 82nd Texas Legislature ended its regular session May 30, 2011. All probate, guardianship and trust bills passed during the session have been signed by the Governor, and most become effective September 1, 2011. One bill in the first called session (SB 1) contains guardianship changes and, as of July 8, 2011, was awaiting the Governor's signature. Each bill affecting probate, guardianship and trust law is listed below. Click here to search for a particular bill, or use the list of topics and key words to the right to find legislation.

Useful links:

Texas Legislature Online.
Glenn Karisch's 2011 Legislative Update.
Bill Pargaman's 2011 Legislative Update -- All of the bills, the full text of all of the changes to the probate and trust codes and helpful forms.
Top Ten Things to Do Now -- Glenn Karisch's list of ten things estate planning and probate attorneys should do to address the legislative changes taking effect September 1, 2011. Here are the pdf and blog versions.

All bills are labeled "Awaiting Governor's Signature," "Enacted," or "Did Not Pass."
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Entries in adverse possession (1)

Tuesday

Feb012011

x-Did Not Pass: SB 473 -- Adverse possession by cotenant heir

Caption: Relating to adverse possession of real property by a cotenant heir against other cotenant heirs.
Author: West
Bill History
Bill Text

Relevance: This permits a "cotenant heir" -- one of two or more persons who simultaneously acquire ownership in the same real property through intestacy, or a successor in interest to one of those persons -- to obtain clear title through adverse possesion if procedural steps are followed.

Sen. West also authored SB 1368, which would permit a cotenant to create a mechanic's and materialman's lien on residential property as "agent" for unknown or unresponsive cotenants.

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