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 Thompson (2)

Wednesday

Jan262011

Enacted-Effective 9/1/11: HB 908 -- Fraud on the community in divorce cases

Caption: Relating to the division of community property on dissolution of marriage.
Author: Thompson
Bill History
Bill Text

Relevance: This bill applies only to suits for dissolution of a marriage. It provides additional remedies in cases where fraud on the community occurred. As originally filed and as passed by the House, the bill defined "fraud on the community" in a way that could have caused problems in the administration of decedents' estates. As finally passed, the definition was removed, making it just about remedies in a divorce.

See "Bill may codify 'fraud on the community,' at least in divorces" on texasprobate.com.

13 References |

x-Did Not Pass: HB 2095 -- Genetic testing in heirships

Caption: Relating to genetic testing in certain proceedings to declare heirship.
Author: Thompson
Bill History
Bill Text

Relevance: This bill would amend Section 53C of the Probate Code to provide that the presumption under Section 160.505 of the Family Code would apply in determining heirship if genetic testing is ordered, and that presumption can be rebutted in the same manner as provided by Section 160.505.