Texas Property Code 121.054 – Unclaimed Benefits
Terms Used In Texas Property Code 121.054
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiduciary: A trustee, executor, or administrator.
- Trustee: A person or institution holding and administering property in trust.
If a trustee does not claim a death benefit on or before the first anniversary of the employee’s or participant’s death or if satisfactory evidence is provided to a trustee, custodian, other fiduciary, or other obligor of the employees’ trust, contract purchased by the employees’ trust, or the retirement account before the first anniversary of the employee’s or participant’s death that there is or will be no trustee to receive the death benefit, the death benefit shall be paid:
(1) according to the beneficiary designation under the plan, trust, contract, or arrangement providing the death benefit under the employees’ trust or retirement account; or
(2) if there is no designation in the employees’ trust or retirement account, to the personal representative of the deceased employee’s or participant’s estate.