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A BILL TO BE ENTITLED
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AN ACT
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relating to the estates of decedents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter I, Texas Probate Code, is amended by |
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adding Section 36G to read as follows: |
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Sec. 36G. HEIR FINDER CONTRACTS PROHIBITED DURING PENDING |
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ADMINISTRATION OF PERSON DYING INTESTATE. (a) During the nine-month |
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period beginning on the date the court grants letters of |
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administration with respect to the estate of a decedent who dies |
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intestate, a person may not enter into a contract with another |
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person under which the person, for a fee or other consideration, |
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provides or offers to provide information regarding the other |
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person's right to or interest in any portion of the decedent's |
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estate under the laws of descent and distribution of this state. |
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(b) A contract entered into in violation of Subsection (a) |
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of this section is void. |
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SECTION 2. Section 149B(a), Texas Probate Code, is amended |
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to read as follows: |
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(a) In addition to or in lieu of the right to an accounting |
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provided by Section 149A of this code, at any time after the |
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expiration of two years from the date the clerk of the court |
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granting the letters testamentary or of administration issues the |
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letters to the independent executor [that an independent
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administration was created and the order appointing an independent
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executor was entered], a person interested in the estate may |
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petition the county court, as that term is defined by Section 3 of |
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this code, for an accounting and distribution. The court may order |
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an accounting to be made with the court by the independent executor |
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at such time as the court deems proper. The accounting shall |
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include the information that the court deems necessary to determine |
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whether any part of the estate should be distributed. |
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SECTION 3. The heading to Part 5, Chapter VII, Texas Probate |
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Code, is amended to read as follows: |
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PART 5. [GENERAL] POWERS, DUTIES, AND LIABILITIES OF PERSONAL |
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REPRESENTATIVES |
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SECTION 4. Part 5, Chapter VII, Texas Probate Code, is |
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amended by adding Sections 236 and 236A to read as follows: |
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Sec. 236. LIABILITY OF PERSONAL REPRESENTATIVE TO |
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BENEFICIARY. A personal representative who commits a breach of |
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fiduciary duty is chargeable with any damages resulting from the |
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breach, including: |
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(1) any loss or depreciation in value of the estate as |
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a result of the breach; |
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(2) any profit made by the personal representative as |
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a result of the breach; or |
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(3) any profit that would have accrued to the estate if |
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there had been no breach. |
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Sec. 236A. REMEDIES FOR BREACH OF FIDUCIARY DUTY. To remedy |
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a breach of fiduciary duty by a personal representative that has |
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occurred or may occur, a court may: |
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(1) compel the personal representative to perform the |
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personal representative's duty or duties; |
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(2) enjoin the personal representative from |
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committing a breach of fiduciary duty; |
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(3) compel the personal representative to redress a |
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breach of fiduciary duty, including compelling the representative |
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to pay money or to restore property; |
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(4) order a personal representative to account; |
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(5) appoint a receiver to take possession of estate |
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property and administer the estate; |
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(6) suspend the personal representative; |
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(7) remove the personal representative as provided by |
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Section 222 of this code; |
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(8) reduce or deny compensation to the personal |
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representative; |
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(9) void an act of the personal representative; |
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(10) impose a lien or a constructive trust on estate |
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property; |
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(11) trace estate property that the personal |
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representative wrongfully disposed of and recover the property or |
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the proceeds from the property; or |
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(12) order any other appropriate relief. |
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SECTION 5. (a) Section 36G, Texas Probate Code, as added by |
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this Act, applies only to a contract that is entered into on or |
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after the effective date of this Act. |
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(b) The change in law made by this Act to Section 149B, Texas |
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Probate Code, applies only to a petition for an accounting and |
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distribution filed on or after the effective date of this Act. A |
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petition for an accounting and distribution filed before the |
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effective date of this Act is covered by the law in effect on the |
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date the petition was filed, and that law is continued in effect for |
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that purpose. |
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(c) Sections 236 and 236A, Texas Probate Code, as added by |
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this Act, apply only to conduct that occurs on or after the |
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effective date of this Act. Conduct that occurs before the |
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effective date of this Act is governed by the law in effect on the |
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date the conduct occurred, and the former law is continued in effect |
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for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |