EXAS

November 25, 1969

Honorable Joe Resweber Opinion No. M-523 County Attorney Harris County Courthouse Re:Whether resident minor heirs Houston, Texas 77002 or legatees come within the term "creditor" as used in Section 144, Texas Probate Code, and related questions.
Dear Mr. Resweber:
Your recent letter requesting the opinion of this office concerning the referenced matter states, in part, as follows:

"1.Does a resident minor heir or a resident minor legatee ofan estate being administered in the same county, come within the definition ofa 'creditor' under Section 144, Probate Code, V.A.T.S., so as tomake the terms and provisions of said Section applicable to suchminor heirs and legatees?
"2
. Is the County Clerk authorized under Section 144, Probate Code, V.A.T.S., to accept adeposit ofmoney, not exceeding $1,500.00, from the executor, administrator, guardian, or other personal representative of an estate being administered in the same county, for the use andbenefit of a resident minor being without a legal guardian ofhis person or estate under the provisions of Sec. 144, Probate Code, V.A.T.S.?

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"3.Under the same conditions as outlined in Paragraph 2above except that the estate isbeing administered inanother county or another state, is the County Clerk authorized, under Sec. 144, Probate Code, V.A.T.S., to accept adeposit ofmoeny for the purposes and under the conditions specified in Sec. 144, Probate Code, V.A.T.S.?" Section 144, Texas Probate Code, was amended by Senate Bill Number 274 (Acts 61st Leg. R.S. 1969, ch. 671, p.1978). That Section provides, in part, as follows:

"(a)ToResidents. whenever a resident minor, orwhenever a resident person legally adjudged tobe ofunsound mind or tobe anhabitual orcommon drunkard sometime% referred to in this Section as 'creditor', being without a legal guardian ofhis person or estate, shall be entitled to money in an amount not exceeding One Thousand Five Hundred Dollars, the right towhich is liquidated and isuncontested in any pending lawsuit, the debtor MY Pay same to the Countv Clerk of the county in which such creditor resides in this state, for the account of such creditor, giving his name, the nature ofhis disability, and if aminor his age, andhis post office address, and the receipt for such money signed by the clerk shall be foreverbinding on such creditor as of the date and to the extent of such payment. Upon receipt of such payment by the clerk, he shall forthwith call same to the attention of the court and shall invest such money as authorized by the Probate Code pursuant to the orders of the court in thename and for the account ofsuch minor other person entitled to same,

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andby letter mailed to the address given by the debtor, shall apprise such creditor of the fact that such deposit has been made. Any increase, dividend or income from such investments shall be credited to the account of such minor or other person entitled to such investment....

"The father ormother orunestranged spouse of such creditor..., residing in this state or if there be no such spouse andboth father and mother be dead ornon-residents of this state, then the person residing in this state who has actual custody of such creditor, may as custodian, upon filingwith such clerk written application andbond approved by theCounty Judge of such county, withdraw such money from the clerk for the use andbenefit of such creditor, suchbond...tobe conditioned that such custodian will use said money for thebenefit of such creditor... and thathe will, when legally called upon todo, faithfully account to such creditor, his heirs or legal representatives for suchmoney and any increase thereof upon removal of the disability towhich such creditor is subiect, orupon his death or the appointment of aguardian... II

... *(c)When the Deposit isNotWithdrawn by Another Person. Ifno person authorized hereunder withdraws such money from the Clerk as provided for in this Section, then the creditor himself, after termination ofhis disability..., may at any

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time
...withdraw suchmoney..., directing the clerk to deliver such money to such creditor..." (Emphasis added.)
In answer toyour first question, it is our opinion that a resident minor heir or legatee clearly is a "creditor", as that term isused in Section 144, supra.
Inanswer toyour second question, we have also concluded that an executor, administrator, guardian, or other legal representative of an estate being administered in the county wherein the minor heir or legatee resides isa "debtor", as that term is used in Section 144, supra, and, as such, is entitled to deposit a sum ofmoney not exceeding $1.500.00 with the county clerk of the county wherein saidminor resides for the use and benefit of said minor. With reference toyour third question, itappears that there isno restriction in Section 144, supra, on the place of residence of the "debtor", fromwhom the county clerk of the county of theminor's residence may receive money for the use of theminor. Consequently, it is our opinion that said county clerk may receive a deposit ofmoney not exceeding $1,500.00 for the use and benefit of saidminor from an executor, administrator, guardian, or other legal representative ofan estate being administered ineither another state or ina Texas county different from thatwherein theminor resides.
SUMMARY (1) A resident minor heir or legatee ofan estate being administered in the county ofhis residence isa "creditor", as that term isused in Section 144, Texas Probate Code. (2) The county clerk of the county inwhich aminor heir or legatee resides is authorized by Section 144, **Texas** Probate Code, to accept a deposit ofmoney not exceeding $l,SOO.OO from the executor,

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administrator, guardian, or other legal representative ofan estate being administered in the same county for the use andbenefit of such resident minor. (3) The county clerk of the county inwhich aminor heir or legatee resides is authorized by Section 144, Texas Probate Code, to accept adeposit ofmoney not exceeding $l,SOO.OO, for the use and benefit of such resident minor, from the executor, administrator, guardian, or other legal representative of an estate being administered in another Texas county or another state.

General of Texas Prepared byAustin C. Bray, Jr. Assistant Attorney General
APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman George Kelton, Vice-Chairman 2. T. Fortescue Fisher Tyler Dyer Moore Sarah E. Phillips
MEADE F. GRIFFIN Staff Legal Assistant
NOLAWHITE FirstAssistant

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