2021 Texas Statutes
Property Code
Title 9 - Trusts
Subtitle C - Miscellaneous Trusts
Chapter 121 - Employees' Trusts
Subchapter B. Death Benefits Under Employees' Trusts
Section 121.058. Construction

Universal Citation: TX Prop § 121.058 (2021)

Sec. 121.058. CONSTRUCTION. (a) This subchapter is intended to be declaratory of the common law of this state.

(b) A court shall liberally construe this subchapter to effect the intent that a death benefit received by a trustee under this subchapter is not subject to the obligations of the employee or the employee's estate unless the trust receiving the benefit expressly provides otherwise.

(c) A death benefit shall not be included in property administered as part of a testator's estate or in an inventory filed with the county court because of a reference in a will to the death benefit or because of the naming of the trustee of a testamentary trust.

Acts 1983, 68th Leg., p. 3694, ch. 576, Sec. 1, eff. Jan. 1, 1984.

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