Sec. 121.058. CONSTRUCTION. (a) This subchapter is intended to be declaratory of the common law of this state.
(b) A court shall liberally construe this subchapter to effect the intent that a death benefit received by a trustee under this subchapter is not subject to the obligations of the employee or the employee's estate unless the trust receiving the benefit expressly provides otherwise.
(c) A death benefit shall not be included in property administered as part of a testator's estate or in an inventory filed with the county court because of a reference in a will to the death benefit or because of the naming of the trustee of a testamentary trust.
Acts 1983, 68th Leg., p. 3694, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Structure Texas Statutes
Subtitle C - Miscellaneous Trusts
Chapter 121 - Employees' Trusts
Subchapter B. Death Benefits Under Employees' Trusts
Section 121.052. Payment of Death Benefit to Trustee
Section 121.053. Validity of Trust Declaration
Section 121.054. Unclaimed Benefits
Section 121.055. Exemption From Taxes and Debts
Section 121.056. Commingling of Assets