Tex. Prop. Code Section 112.073
Distribution to Second Trust: Trustee with Limited Discretion

(a)

An authorized trustee who has limited discretion to distribute the principal of a trust may distribute all or part of the principal of that trust in favor of a trustee of a second trust as provided by this section.

(b)

The current beneficiaries of the second trust must be the same as the current beneficiaries of the first trust, and the successor and presumptive remainder beneficiaries of the second trust must be the same as the successor and presumptive remainder beneficiaries of the first trust.

(c)

The second trust must include the same language authorizing the trustee to distribute the income or principal of the trust that was included in the first trust.

(d)

If the beneficiaries of the first trust are described as a class of persons, the beneficiaries of the second trust must include all persons who become members of that class after the distribution to the second trust.

(e)

If the first trust grants a power of appointment to a beneficiary of the trust, the second trust must grant the power of appointment to the beneficiary in the second trust, and the class of permissible appointees under that power must be the same as the class of permissible appointees under the power granted by the first trust.

(f)

The authorized trustee shall exercise a power of distribution under this section in good faith, in accordance with the terms and purposes of the trust, and in the interests of the beneficiaries.
Added by Acts 2013, 83rd Leg., R.S., Ch. 699 (H.B. 2913), Sec. 3, eff. September 1, 2013.

Source: Section 112.073 — Distribution to Second Trust: Trustee with Limited Discretion, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­112.­htm#112.­073 (accessed Jun. 5, 2024).

112.001
Methods of Creating Trust 112.002
Intention to Create Trust 112.003
Consideration 112.004
Statute of Frauds 112.005
Trust Property 112.006
Additions to Trust Property 112.007
Capacity of Settlor 112.008
Capacity of Trustee 112.009
Acceptance by Trustee 112.010
Presumed Acceptance by Beneficiary 112.011
Posthumous Class Gifts Membership 112.031
Trust Purposes 112.032
Active and Passive Trusts 112.033
Reservation of Interests and Powers by Settlor 112.034
Merger 112.035
Spendthrift Trusts 112.036
Rule Against Perpetuities 112.037
Trust for Care of Animal 112.038
Forfeiture Clause 112.051
Revocation, Modification, or Amendment by Settlor 112.052
Termination 112.053
Disposition of Trust Property on Failure of Trust 112.054
Judicial Modification, Reformation, or Termination of Trusts 112.055
Amendment of Charitable Trusts by Operation of Law 112.056
Permissive Amendment by Trustee of Charitable Trust 112.057
Division and Combination of Trusts 112.058
Conversion of Community Trust to Nonprofit Corporation 112.059
Termination of Uneconomic Trust 112.071
Definitions 112.072
Distribution to Second Trust: Trustee with Full Discretion 112.073
Distribution to Second Trust: Trustee with Limited Discretion 112.074
Notice Required 112.075
Written Instrument Required 112.076
Reference to Trust Terms 112.077
Settlor of Second Trust 112.078
Court-ordered Distribution 112.079
Divided Discretion 112.080
Later Discovered Assets 112.081
Other Authority to Distribute in Further Trust Not Limited 112.082
Need for Distribution Not Required 112.083
Duties Not Created 112.084
Certain Distributions Prohibited 112.085
Exceptions to Power of Distribution 112.086
Tax-related Limitations 112.087
Compensation of Trustee 112.101
Definitions 112.102
Revocation of Certain Nontestamentary Transfers 112.103
Effect of Revocation 112.104
Liability of Certain Purchasers or Recipients of Certain Payments, Benefits, or Property 112.105
Liability of Former Spouse or Former Spouse’s Relative for Certain Payments, Benefits, or Property 112.106
Certain Trusts with Divorced Individuals as Joint Settlors 112.121
Validity of Trust 112.122
Enforcement of Trust 112.123
Application or Distribution of Trust Property 112.0335
Construction of Certain Trusts 112.0715
Creation of Second Trust
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 112.073’s source at texas​.gov