Sec. 113.021. DISTRIBUTION TO MINOR OR INCAPACITATED BENEFICIARY. (a) A trustee may make a distribution required or permitted to be made to any beneficiary in any of the following ways when the beneficiary is a minor or a person who in the judgment of the trustee is incapacitated by reason of legal incapacity or physical or mental illness or infirmity:
(1) to the beneficiary directly;
(2) to the guardian of the beneficiary's person or estate;
(3) by utilizing the distribution, without the interposition of a guardian, for the health, support, maintenance, or education of the beneficiary;
(4) to a custodian for the minor beneficiary under the Texas Uniform Transfers to Minors Act (Chapter 141) or a uniform gifts or transfers to minors act of another state;
(5) by reimbursing the person who is actually taking care of the beneficiary, even though the person is not the legal guardian, for expenditures made by the person for the benefit of the beneficiary; or
(6) by managing the distribution as a separate fund on the beneficiary's behalf, subject to the beneficiary's continuing right to withdraw the distribution.
(b) The written receipts of persons receiving distributions under Subsection (a) of this section are full and complete acquittances to the trustee.
Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
Amended by:
Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 11, eff. January 1, 2006.
Structure Texas Statutes
Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts
Subchapter A. Powers of Trustee
Section 113.001. Limitation of Powers
Section 113.002. General Powers
Section 113.004. Additions to Trust Assets
Section 113.005. Acquisition of Undivided Interests
Section 113.006. General Authority to Manage and Invest Trust Property
Section 113.007. Temporary Deposits of Funds
Section 113.008. Business Entities
Section 113.009. Real Property Management
Section 113.010. Sale of Property
Section 113.014. Payment of Taxes
Section 113.015. Authority to Borrow
Section 113.016. Management of Securities
Section 113.017. Corporate Stock or Other Securities Held in Name of Nominee
Section 113.018. Employment and Appointment of Agents
Section 113.020. Burdensome or Worthless Property
Section 113.021. Distribution to Minor or Incapacitated Beneficiary
Section 113.0211. Adjustment of Charitable Trust
Section 113.022. Power to Provide Residence and Pay Funeral Expenses
Section 113.023. Ancillary Trustee
Section 113.024. Implied Powers
Section 113.025. Powers of Trustee Regarding Environmental Laws
Section 113.026. Authority to Designate New Charitable Beneficiary
Section 113.027. Distributions Generally
Section 113.028. Certain Claims and Causes of Action Prohibited
Section 113.029. Discretionary Powers; Tax Savings
Section 113.030. Relocation of Administration of Charitable Trust