(b) On the death of one of the divorced individuals who is a settlor of a trust to
which this section applies, the trustee shall divide the trust into two trusts, each
of which shall be composed of the property attributable to the contributions of only
one of the divorced individuals.
(c) An action authorized in a trust instrument described by Subsection (a) that requires
the actions of both divorced individuals may be taken with respect to a trust established
in accordance with Subsection (b) from the surviving divorced individual's contributions
solely by that divorced individual.
(d) The provisions of this subchapter apply independently to each trust established
in accordance with Subsection (b) as if the divorced individual from whose contributions
the trust was established had been the only settlor to execute the trust instrument
described by Subsection (a).
(e) This section does not apply if one of the following provides otherwise:
(1) a court order;
(2) the express terms of a trust instrument executed by the two divorced individuals
before their marriage was dissolved; or
(3) an express provision of a contract relating to the division of the marital estate
entered into between the two divorced individuals before, during, or after their marriage.
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