INSTRUMENT NAMING TRUST AS PARTY

Sec. 114.087. INSTRUMENT NAMING TRUST AS PARTY. (a) The trustee of a trust is considered for all purposes to be the named party to an instrument that names the trust as a party to the instrument in any capacity, unless the trust is a legal entity under state law. (b) Subsection (a) is effective as of the effective date of the original instrument. (c) The trustee of a trust that is the named party to a recorded instrument may be, but is not required to be, identified by a correction instrument under Section 5.028 . (d) A document purporting to be a certification of trust under Section 114.086 that is recorded in the county in which real property of the trust is located is presumed to correctly identify the trust and the trustee and may be relied upon by a good faith purchaser or lender for value. Added by Acts 2023, 88th Leg., R.S., Ch. 345 (S.B. 801 ), Sec. 1, eff. September 1, 2023.