| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the reimbursement of expenses from a decedent's estate |
|
|
for certain court proceedings. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Part 6, Chapter VII, Texas Probate Code, is |
|
|
amended by adding Section 246 to read as follows: |
|
|
Sec. 246. ALLOWANCE FOR DEFENDING CERTAIN ACTIONS. (a) A |
|
|
person designated as executor in a decedent's will shall be allowed |
|
|
out of the estate the person's necessary expenses and |
|
|
disbursements, including reasonable attorney's fees, incurred in |
|
|
defending a proceeding that: |
|
|
(1) is brought against the person in the person's |
|
|
former capacity as the decedent's agent under a durable power of |
|
|
attorney; and |
|
|
(2) involves property of the decedent's estate. |
|
|
(b) A person designated as a devisee in or beneficiary of a |
|
|
decedent's will shall be allowed out of the estate the person's |
|
|
necessary expenses and disbursements, including reasonable |
|
|
attorney's fees, incurred in prosecuting a proceeding described by |
|
|
Subsection (a) of this section that is brought by the person in good |
|
|
faith and with just cause. |
|
|
SECTION 2. The changes in law made by this Act apply only to |
|
|
a proceeding that is instituted on or after the effective date of |
|
|
this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2009. |