Tex. Prop. Code Section 141.007
Other Transfer by Fiduciary


(a)

Subject to Subsections (b) and (c), a guardian, legal representative, or trustee may make an irrevocable transfer to another adult or trust company as custodian for a minor’s benefit under Section 141.010 (Manner of Creating Custodial Property and Effecting Transfer; Designation of Initial Custodian; Control) in the absence of a will or under a will or trust that does not contain an authorization to do so.

(b)

With the approval of the court supervising the guardianship, a guardian may make an irrevocable transfer to another adult or trust company as custodian for the minor’s benefit under Section 141.010 (Manner of Creating Custodial Property and Effecting Transfer; Designation of Initial Custodian; Control).

(c)

A transfer under Subsection (a) or (b) may be made only if:

(1)

the legal representative or trustee considers the transfer to be in the best interest of the minor;

(2)

the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and

(3)

the transfer is authorized by the court if it exceeds $25,000 in value.
Amended by Acts 1995, 74th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1995. Renumbered from Property Code Sec. 7 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(72), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 622 (S.B. 1202), Sec. 1, eff. September 1, 2015.

Source: Section 141.007 — Other Transfer by Fiduciary, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­141.­htm#141.­007 (accessed May 11, 2024).

Accessed:
May 11, 2024

§ 141.007’s source at texas​.gov