Tex.
Prop. Code Section 112.074
Notice Required
(a)
An authorized trustee may exercise a power of distribution under Section 112.072 (Distribution to Second Trust: Trustee with Full Discretion) or 112.073 (Distribution to Second Trust: Trustee with Limited Discretion) without the consent of the settlor or beneficiaries of the first trust and without court approval if the trustee provides to all of the current beneficiaries and presumptive remainder beneficiaries written notice of the trustee’s decision to exercise the power.(b)
For the purpose of determining who is a current beneficiary or presumptive remainder beneficiary entitled to the notice, a beneficiary is determined as of the date the notice is sent. A beneficiary includes a person entitled to receive property under the terms of the first trust.(c)
Except as provided by Subsection (e-1), in addition to the notice required under Subsection (a), the authorized trustee shall give written notice of the trustee’s decision to the attorney general if:(1)
a charity is entitled to notice;(2)
a charity entitled to notice is no longer in existence;(3)
the trustee has the authority to distribute trust assets to one or more charities that are not named in the trust instrument; or(4)
the trustee has the authority to make distributions for a charitable purpose described in the trust instrument, but no charity is named as a beneficiary for that purpose.(d)
If the beneficiary has a court-appointed guardian or conservator, the notice required to be given by this section must be given to that guardian or conservator. If the beneficiary is a minor for whom no guardian or conservator has been appointed, the notice required to be given by this section must be given to a parent of the minor.(e)
The authorized trustee is not required to provide the notice to a beneficiary who:(1)
is known to the trustee and cannot be located by the trustee after reasonable diligence;(2)
is not known to the trustee;(3)
waives the requirement of the notice under this section; or(4)
is a descendant of a beneficiary to whom the trustee has given notice if the beneficiary and the beneficiary’s ancestor have similar interests in the trust and no apparent conflict of interest exists between them.(e-1)
The trustee is not required to give notice to the attorney general under Subsection (c) if the attorney general waives that requirement in writing.(e-2)
For purposes of Subsection (e)(3), a beneficiary is considered to have waived the requirement that notice be given under this section if a person to whom notice is required to be given with respect to that beneficiary under Subsection (d) waives the requirement that notice be given under this section.(f)
The notice required under Subsection (a) must:(1)
include a statement that:(A)
the authorized trustee intends to exercise the power of distribution;(B)
the beneficiary has the right to object to the exercise of the power; and(C)
the beneficiary may petition a court to approve, modify, or deny the exercise of the trustee’s power to make a distribution under this subchapter;(2)
describe the manner in which the trustee intends to exercise the power;(3)
specify the date the trustee proposes to distribute the first trust to the second trust;(4)
include the name and mailing address of the trustee;(5)
include copies of the agreements of the first trust and the proposed second trust;(6)
be given not later than the 30th day before the proposed date of distribution to the second trust; and(7)
be sent by registered or certified mail, return receipt requested, or delivered in person, unless the notice is waived in writing by the person to whom notice is required to be given.
Source:
Section 112.074 — Notice Required, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.112.htm#112.074 (accessed Apr. 13, 2024).
