(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, 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) § 355.109, Estates Code, applies to the abatement of at-death transfers.

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Terms Used In Texas Property Code 112.0335

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bequest: Property gifted by will.
  • Devise: To gift property by will.
  • Legacy: A gift of property made by will.
  • Property: means real and personal property. See Texas Government Code 311.005
  • Testator: A male person who leaves a will at death.

(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.