SRC-JFA S.B. 1176 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1176
By: Whitmire
Jurisprudence
3-26-97
As Filed


DIGEST 

Currently, according to State Bar ethics rules, probate attorneys are not
supposed to include themselves in a will that the attorneys write for a
non-family member.  Some probate attorneys have written themselves into
wills knowing that they can receive sums of money or property for doing
so, with the only potential punishment under the ethics rules being
disbarment.  With a growing elderly population in Texas, there has been an
increase in attorneys who have, unknowingly to the testator or rightful
heirs, written themselves into wills.  This bill would void a devise or
bequest of property in a will to an attorney who prepares or supervises
the preparation of the will or to that attorney's heir or employee.  This
bill would provide that this legislation does not apply to an attorney who
is related within the second degree or affinity to the testator.  

PURPOSE

As proposed, S.B. 1176 relates to the validity of devises or bequests in a
will to certain attorneys. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter IV, Probate Code, by adding Section 58b, as
follows: 

Sec. 58b.  DEVISES AND BEQUESTS THAT ARE VOID.  Provides that a devise or
bequest of property in a will to an attorney who prepares or supervises
the preparation of the will or a devise or bequest of property in a will
to an heir or employee of the attorney who prepares or supervises the
preparation of the will is void.  Provides that this section does not
apply to a bequest made to a person who is related within the second
degree by consanguinity or affinity to the testator. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.