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A BILL TO BE ENTITLED
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AN ACT
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relating to an allowance from a decedent's estate for devisees in |
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and beneficiaries of a will who defend and prosecute certain |
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proceedings relating to the will. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 243, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 243. ALLOWANCE FOR DEFENDING WILL. When any person |
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designated as executor in a will or an alleged will, or as |
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administrator with the will or alleged will annexed, defends it or |
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prosecutes any proceeding in good faith, and with just cause, for |
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the purpose of having the will or alleged will admitted to probate, |
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whether successful or not, the person [he] shall be allowed out of |
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the estate the person's [his] necessary expenses and disbursements, |
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including reasonable attorney's fees, in such proceedings. When |
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any person designated as a devisee, legatee, or beneficiary in a |
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will or an alleged will[, or as administrator with the will or
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alleged will annexed,] defends it or prosecutes any proceeding in |
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good faith, and with just cause, for the purpose of having the will |
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or alleged will admitted to probate, if [whether] successful [or
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not], the person [he] may be allowed out of the estate the person's |
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[his] necessary expenses and disbursements, including reasonable |
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attorney's fees, in such proceedings. |
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SECTION 2. (a) Section 352.052(b), Estates Code, as |
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effective January 1, 2014, is amended to read as follows: |
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(b) A person designated as a devisee in or beneficiary of a |
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will or an alleged will[, or as administrator with the will or
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alleged will annexed,] who, for the purpose of having the will or |
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alleged will admitted to probate, defends the will or alleged will |
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or prosecutes any proceeding in good faith and with just cause, if |
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[whether or not] successful, may be allowed out of the estate the |
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person's necessary expenses and disbursements in those |
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proceedings, including reasonable attorney's fees. |
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(b) The changes in law made by Section 1 of this Act to |
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Section 243, Texas Probate Code, are repealed. |
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(c) This section takes effect January 1, 2014. |
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SECTION 3. The changes in law made by this Act to Section |
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243, Texas Probate Code, apply only to the estate of a decedent who |
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dies on or after the effective date of this Act. The estate of a |
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decedent who dies before the effective date of this Act is governed |
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by the law in effect on the date of the decedent's death, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2011. |