Texas Estates Code 751.122 – Duty to Preserve Principal’s Estate Plan
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Terms Used In Texas Estates Code 751.122
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Property: means real and personal property. See Texas Government Code 311.005
- Statute: A law passed by a legislature.
An agent shall preserve to the extent reasonably possible the principal’s estate plan to the extent the agent has actual knowledge of the plan if preserving the plan is consistent with the principal’s best interest based on all relevant factors, including:
(1) the value and nature of the principal’s property;
(2) the principal’s foreseeable obligations and need for maintenance;
(3) minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and
(4) eligibility for a benefit, a program, or assistance under a statute or regulation.