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Senate Bill 626 |
Senate Author: Zaffirini |
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Effective: 9-1-21 |
House Sponsor: Moody |
Senate Bill 626 is an omnibus bill that amends the Civil Practice and Remedies Code, Estates Code, and Government Code to make revisions, including technical corrections and clarifications, to state law regarding guardianships, management trusts, and certain other procedures and proceedings for persons who are incapacitated, probate matters and proceedings, and other matters involving statutory county courts. The bill includes the same changes made by Senate Bill 615, Acts of the 87th Legislature, Regular Session, 2021, and also does the following:
· establishes the jurisdiction in guardianship matters of a county court at law exercising original probate jurisdiction in a county in which there is no statutory probate court;
· authorizes a person to sign a specified declaration as an alternative to taking an oath to qualify to serve as a guardian;
· removes an attorney ad litem from the list of persons a ward may have appointed to investigate a complaint about the ward's guardianship;
· revises provisions relating to the sale of a ward's property;
· sets out procedures relating to service of notice and citation on the filing of an application for creation of a management trust;
· sets the date of termination for a management trust created for a minor who is also incapacitated for a reason other than being a minor;
· clarifies that the trustee of a management trust created for a ward must provide a copy of the annual accounting of transactions in the trust to each guardian of the ward; and
· provides for the withdrawal of money by a nonresident guardian of an estate appointed by a foreign court for a nonresident creditor.