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 SB 1027 (1)

Tuesday

Mar012011

x-Did Not Pass: SB 1027 -- Attorney/guardians can't provide legal services

Caption: Relating to the provision of legal services by a guardian in connection with a guardianship.
Author: Harris
Bill History
Bill Text

Relevance: This bill would add Section 773A to the Probate Code, reading: "An attorney who services as guardian may not provide legal services in connection with the guardianship." It would repeal Section 665D, which was added in 2009 and which provides that an attorney serving as guardian who also provides legal services (1) must file detailed billing with the court and (2) "is not entitled to payment of attorney's fees for guardianship services that are not legal services."