Bill Text: TX HB1877 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to a penalty for independent executors who misrepresent in an affidavit in lieu of the inventory, appraisement, and list of claims that certain beneficiaries received the inventory and appraisement.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1877 Detail]
Download: Texas-2017-HB1877-Enrolled.html
H.B. No. 1877 |
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relating to a penalty for independent executors who misrepresent in | ||
an affidavit in lieu of the inventory, appraisement, and list of | ||
claims that certain beneficiaries received the inventory and | ||
appraisement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 309, Estates Code, is | ||
amended by adding Section 309.0575 to read as follows: | ||
Sec. 309.0575. PENALTY FOR MISREPRESENTATION IN AFFIDAVIT | ||
IN LIEU OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS. (a) The | ||
court, on its own motion or on motion of any person interested in | ||
the estate, and after an independent executor has been cited to | ||
answer at a time and place fixed in the notice, may fine an | ||
independent executor in an amount not to exceed $1,000 if the court | ||
finds that the executor misrepresented in an affidavit in lieu of | ||
the inventory, appraisement, and list of claims filed by the | ||
executor that all beneficiaries, other than those described by | ||
Section 309.056(b-1), received a verified, full, and detailed | ||
inventory and appraisement as required by Section 309.056(b). | ||
(b) The independent executor and the executor's sureties, | ||
if any, are liable for any fine imposed under this section and for | ||
all damages and costs sustained by the executor's | ||
misrepresentation. The fine, damages, and costs may be recovered | ||
in any court of competent jurisdiction. | ||
SECTION 2. Section 309.0575, Estates Code, as added by this | ||
Act, applies only to the estate of a decedent who dies on or after | ||
the effective date of this Act. The estate of a decedent who dies | ||
before the effective date of this Act is governed by the law in | ||
effect on the date of the decedent's death, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1877 was passed by the House on May 6, | ||
2017, by the following vote: Yeas 140, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1877 was passed by the Senate on May | ||
22, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |