Texas Property Code 121.058 – Construction
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(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.
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.