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Chapter 3

Form 3-17

[Caption. See § 3 of the Introduction in this manual.]

Order Creating Texas Property Code Section 142 Trust

On [date] the Court considered the Motion to Create a Texas Property Code Section 142 Trust of [name of movant], as [next friend/guardian ad litem] of [name of minor or inca­pacitated person], [a minor/an incapacitated person], requesting the Court to establish a trust for [name of minor or incapacitated person] under section 142.005 of the Texas Property Code. The Court, having considered the evidence presented, the argument of counsel, and the terms of the trust instrument filed with the motion and signed by the proposed trustee[s], which is incorporated herein for all purposes by this reference, finds that [name of minor or incapacitated person] is [a minor/an incapacitated person as defined by section 142.007 of the Texas Property Code], and that the trust is in the best interests of the [minor/incapacitated per­son] and should be created under the authority of section 142.005 of the Texas Property Code.

IT IS THEREFORE ORDERED that the funds awarded to [name of minor or incapacitated person] under the final judgment in the above-entitled and -numbered cause shall be held in trust for the benefit of the [minor/incapacitated person] in accordance with section 142.005 of the Texas Property Code and according to the terms of the attached trust agreement.

IT IS FURTHER ORDERED that [name[s] of trustee[s]] [is/are] hereby appointed trustee[s] of the trust. IT IS FURTHER ORDERED that approval is hereby granted the trustee[s] to charge reasonable fees for [his/her/its/their] trust services at the rates and in the manner provided for in the trust agreement.

SIGNED on ________________________________.

   
JUDGE PRESIDING