TERMINATION OF UNECONOMIC TRUST

Sec. 112.059. TERMINATION OF UNECONOMIC TRUST. (a) After notice to beneficiaries who are distributees or permissible distributees of trust income or principal or who would be distributees or permissible distributees if the interests of the distributees or the trust were to terminate and no powers of appointment were exercised, the trustee of a trust consisting of trust property having a total value of less than $50,000 may terminate the trust if the trustee concludes after considering the purpose of the trust and the nature of the trust assets that the value of the trust property is insufficient to justify the continued cost of administration. (b) On termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust. (c) A trustee may not exercise a power described by Subsection (a) if the trustee's possession of the power would cause the assets of the trust to be included in the trustee's estate for federal estate tax purposes. (d) This section does not apply to an easement for conservation or preservation. Added by Acts 2007, 80th Leg., R.S., Ch. 451 (H.B. 564 ), Sec. 5, eff. September 1, 2007.