Texas Estates Code 123.052 – Revocation of Certain Nontestamentary Transfers; Treatment of Former Spouse as Beneficiary Under Certain Policies or Plans
(a) The dissolution of the marriage revokes a provision in a trust instrument that was executed by a divorced individual as settlor before the divorced individual’s marriage was dissolved and that:
(1) is a revocable disposition or appointment of property made to the divorced individual’s former spouse or any relative of the former spouse who is not a relative of the divorced individual;
(2) revocably confers a general or special power of appointment on the divorced individual’s former spouse or any relative of the former spouse who is not a relative of the divorced individual; or
(3) revocably nominates the divorced individual’s former spouse or any relative of the former spouse who is not a relative of the divorced individual to serve:
(A) as a personal representative, trustee, conservator, agent, or guardian; or
(B) in another fiduciary or representative capacity.
(b) Subsection (a) does not apply if one of the following provides otherwise:
(1) a court order;
(2) the express terms of a trust instrument executed by the divorced individual before the individual’s marriage was dissolved; or
(3) an express provision of a contract relating to the division of the marital estate entered into between the divorced individual and the individual’s former spouse before, during, or after the marriage.
Terms Used In Texas Estates Code 123.052
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Contract: A legal written agreement that becomes binding when signed.
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- personal representative: include :
(1) an executor and independent executor;
(2) an administrator, independent administrator, and temporary administrator; and
(3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031 - Property: means real and personal property. See Texas Government Code 311.005
- Trustee: A person or institution holding and administering property in trust.
(c) Sections 9.301 and 9.302, Family Code, govern the designation of a former spouse as a beneficiary of certain life insurance policies or as a beneficiary under certain retirement benefit plans or other financial plans.