Tex.
Prop. Code Section 112.0335
Construction of Certain Trusts
(a)
Unless the terms of the trust provide otherwise, if a trust is created and amendable or revocable by the settlor, or by the settlor and the settlor’s spouse, Chapter 255 (Construction and Interpretation of Wills), Estates Code, applies at the settlor’s death to the construction and interpretation of at-death transfers as if the settlor of the trust is the testator, the beneficiaries of the at-death transfer are devisees, and the at-death transfers are devises.(b)
Section 355.109 (Abatement of Bequests), Estates Code, applies to the abatement of at-death transfers.(c)
For purposes of this section, “at-death transfer” means a transfer pursuant to the terms of a trust described by Subsection (a) that is intended to take effect or become irrevocable by reason of the settlor’s death.(d)
For purposes of the Estates Code provisions specified by this section:(1)
an at-death transfer of specifically identifiable trust property is a specific bequest, devise, or legacy;(2)
an at-death transfer from the general assets of the trust that does not transfer specifically identifiable property is a general bequest, devise, or legacy; and(3)
an at-death transfer of trust property that remains after all specific and general transfers have been satisfied is the residuary estate.
Source:
Section 112.0335 — Construction of Certain Trusts, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.112.htm#112.0335 (accessed Apr. 20, 2024).
