Texas Property Code 112.033 – Reservation of Interests and Powers by Settlor
Terms Used In Texas Property Code 112.033
- 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
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Trustee: A person or institution holding and administering property in trust.
If during the life of the settlor an interest in a trust or the trust property is created in a beneficiary other than the settlor, the disposition is not invalid as an attempted testamentary disposition merely because the settlor reserves or retains, either in himself or another person who is not the trustee, any or all of the other interests in or powers over the trust or trust property, such as:
(1) a beneficial life interest for himself;
(2) the power to revoke, modify, or terminate the trust in whole or in part;
(3) the power to designate the person to whom or on whose behalf the income or principal is to be paid or applied;
(4) the power to control the administration of the trust in whole or in part;
(5) the right to exercise a power or option over property in the trust or over interests made payable to the trust under an employee benefit plan, life insurance policy, or otherwise; or
(6) the power to add property or cause additional employee benefits, life insurance, or other interests to be made payable to the trust at any time.