Public-domain · open source
OpenJurist

Tex. Est. Code § 751.122

DUTY TO PRESERVE PRINCIPAL'S ESTATE PLAN

Known as the Durable Power of Attorney Act

The act spans §§ 751–753 (76 sections).

Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 5, eff

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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.