Sec. 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 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.
(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.
Structure Texas Statutes
Title 10 - Miscellaneous Beneficial Property Interests
Subtitle A - Persons Under Disability
Chapter 141 - Transfers to Minors
Section 141.003. Scope and Jurisdiction
Section 141.004. Nomination of Custodian
Section 141.005. Transfer by Gift or Exercise of Power of Appointment
Section 141.006. Transfer Authorized by Will or Trust
Section 141.007. Other Transfer by Fiduciary
Section 141.008. Transfer by Obligor
Section 141.009. Receipt for Custodial Property
Section 141.011. Single Custodianship
Section 141.012. Validity and Effect of Transfer
Section 141.013. Care of Custodial Property
Section 141.014. Powers of Custodian
Section 141.015. Use of Custodial Property
Section 141.016. Custodian's Expenses, Compensation, and Bond
Section 141.017. Exemption of Third Person From Liability
Section 141.018. Liability to Third Person
Section 141.020. Accounting by and Determination of Liability
Section 141.021. Termination of Custodianship
Section 141.022. Applicability
Section 141.023. Effect on Existing Custodianships
Section 141.024. Uniformity of Application and Construction
Section 141.025. Additional Transfers to Custodianships in Existence Before Effective Date of Act