[TX] [TX] Should a successor trustee affidavit list real estate no longer held by the trust?
I am setting up an affidavit for someone to sign as a successor trustee. In the original trust from 1995, there was a portion of land. It has been dispersed and is no longer in the trust. When preparing the affidavit for that person as the successor trustee, do I need to list the real estate?
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Because the affidavit is only to establish this person's authority as successor trustee to claim unclaimed life insurance funds, you do not need to list the real estate if it is no longer trust property. You only need to show:
- the trust exists,
- the prior trustee is deceased (§ 113.051),
- who the successor trustee is.
You may mention the former real estate in one historical line if you want, but it is not required. The Texas Comptroller only needs evidence of that successor's authority (§ 113.052).
Include with the affidavit:
- relevant trust pages,
- death certificate of prior trustee,
- successor's ID,
- notarized affidavit.
Anything else I can clarify?
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I am setting up an affidavit for someone to sign as a successor trustee. In the original trust from 1995, there was a portion of land. It has been dispersed and is no longer in the trust. When preparing the affidavit for that person as the successor trustee, do I need to list the real estate?
I understand trust documents can be complex. Does the original trust specify any requirements for successor trustees regarding real estate?
No, it only lists the real estate as part of the Trust. It doesn’t specify anything to be done with the property.
Were there any updates to the trust since 1995 that might affect the affidavit?
No.
Anything else the lawyer should know?
No, no changes.
Hello, I’m Queeneth. I’m an attorney with over 8 years of experience. What state is the trust governed by? And is the affidavit for a specific transaction, or just to formally acknowledge that person as trustee?
The trust is in Texas. The affidavit is for Texas Unclaimed Property because his mother has unclaimed life insurance money. The previous trustee never claimed it and has passed away. He is the named successor trustee.
Because the affidavit is only to establish this person's authority as successor trustee to claim unclaimed life insurance funds, you do not need to list the real estate if it is no longer trust property. You only need to show:
- the trust exists,
- the prior trustee is deceased (§ 113.051),
- who the successor trustee is.
You may mention the former real estate in one historical line if you want, but it is not required. The Texas Comptroller only needs evidence of that successor's authority (§ 113.052).
Include with the affidavit:
- relevant trust pages,
- death certificate of prior trustee,
- successor's ID,
- notarized affidavit.
Anything else I can clarify?
Thank you. This answers my question.
You’re welcome! Feel free to contact me again anytime.
Queeneth E. Esq
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