| |
| |
| |
|
|
AN ACT
|
|
|
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 |