(a) This subchapter is intended to be declaratory of the common law of this state.
(b) A court shall liberally construe this subchapter to effect the intent that a death benefit received by a trustee under this subchapter is not subject to the obligations of the employee or the employee’s estate unless the trust receiving the benefit expressly provides otherwise.

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Terms Used In Texas Property Code 121.058

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Property: means real and personal property. See Texas Government Code 311.005
  • Testator: A male person who leaves a will at death.
  • Trustee: A person or institution holding and administering property in trust.

(c) A death benefit shall not be included in property administered as part of a testator‘s estate or in an inventory filed with the county court because of a reference in a will to the death benefit or because of the naming of the trustee of a testamentary trust.