reglab/housing_qa huggingface dataset:
TX Est Code § 152.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 152 - Emergency Intervention|Subchapter A. Emergency Intervention Application|Section 152.002. Contents of Application

Sec. 152.002.  CONTENTS OF APPLICATION.  (a)  An emergency intervention application must be sworn and must contain:(1)  the applicant's name, address, and interest;(2)  facts showing an immediate necessity for the issuance of an emergency intervention order under Subchapter B;(3)  the decedent's date of death, place of death, and residential address on the date of death;(4)  the name and address of the funeral home holding the decedent's remains; and(5)  the names of any known or ascertainable heirs and devisees of the decedent.(b)  In addition to the information required under Subsection (a), if emergency intervention is requested to obtain funds needed for the payment of the decedent's funeral and burial expenses, the application must also contain:(1)  the reason any known or ascertainable heirs and devisees of the decedent:(A)  cannot be contacted; or(B)  have refused to assist in the decedent's burial;(2)  a description of necessary funeral and burial procedures and a statement from the funeral home that contains a detailed and itemized description of the cost of those procedures; and(3)  the name and address of an individual, entity, or financial institution, including an employer, in possession of any funds of or due to the decedent, and related account numbers and balances, if known by the applicant.(c)  In addition to the information required under Subsection (a), if emergency intervention is requested to gain access to accommodations rented by a decedent that at the time of the decedent's death contain the decedent's personal property, the application must also contain:(1)  the reason any known or ascertainable heirs and devisees of the decedent:(A)  cannot be contacted; or(B)  have refused to assist in the protection of the decedent's personal property;(2)  the type and location of the decedent's personal property and the name of the person in possession of the property; and(3)  the name and address of the owner or manager of the accommodations and a statement regarding whether access to the accommodations is necessary.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 152.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 152 - Emergency Intervention|Subchapter A. Emergency Intervention Application|Section 152.003. Additional Contents of Application: Instructions Regarding Decedent's Funeral and Remains

Sec. 152.003.  ADDITIONAL CONTENTS OF APPLICATION: INSTRUCTIONS REGARDING DECEDENT'S FUNERAL AND REMAINS.  (a)  In addition to the information required under Section 152.002, if emergency intervention is requested to obtain funds needed for the payment of a decedent's funeral and burial expenses, the application must also state whether there are any written instructions from the decedent relating to the type and manner of funeral or burial preferred by the decedent.  The applicant shall:(1)  attach the instructions, if available, to the application; and(2)  fully comply with the instructions.(b)  If written instructions do not exist, the applicant may not permit the decedent's remains to be cremated unless the applicant obtains the court's permission to cremate the remains.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 152.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 152 - Emergency Intervention|Subchapter A. Emergency Intervention Application|Section 152.004. Time and Place of Filing

Sec. 152.004.  TIME AND PLACE OF FILING.  An emergency intervention application must be filed:(1)  with the court clerk in the county in which:(A)  the decedent was domiciled; or(B)  the accommodations rented by the decedent that contain the decedent's personal property are located; and(2)  not earlier than the third day after the date of the decedent's death and not later than the 90th day after the date of the decedent's death.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 152.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 152 - Emergency Intervention|Subchapter B. Order for Emergency Intervention|Section 152.051. Issuance of Order Regarding Funeral and Burial Expenses

Sec. 152.051.  ISSUANCE OF ORDER REGARDING FUNERAL AND BURIAL EXPENSES.  If on review of an application filed under Section 152.001 the court determines that emergency intervention is necessary to obtain funds needed for the payment of a decedent's funeral and burial expenses, the court may order funds of the decedent that are being held by an individual, an employer, or a financial institution to be paid directly to a funeral home only for:(1)  reasonable and necessary attorney's fees for the attorney who obtained the order;(2)  court costs for obtaining the order; and(3)  funeral and burial expenses not to exceed $5,000 as ordered by the court to provide the decedent with a reasonable, dignified, and appropriate funeral and burial.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 152.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 152 - Emergency Intervention|Subchapter B. Order for Emergency Intervention|Section 152.052. Issuance of Order Regarding Access to Certain Personal Property

Sec. 152.052.  ISSUANCE OF ORDER REGARDING ACCESS TO CERTAIN PERSONAL PROPERTY.  If on review of an application filed under Section 152.001 the court determines that emergency intervention is necessary to gain access to accommodations rented by the decedent that, at the time of the decedent's death, contain the decedent's personal property, the court may order one or more of the following:(1)  that the owner or agent of the accommodations shall grant the applicant access to the accommodations at a reasonable time and in the presence of the owner or agent;(2)  that the applicant and owner or agent of the accommodations shall jointly prepare and file with the court a list that generally describes the decedent's property found at the premises;(3)  that the applicant or the owner or agent of the accommodations may remove and store the decedent's property at another location until claimed by the decedent's heirs;(4)  that the applicant has only the powers that are specifically stated in the order and that are necessary to protect the decedent's property that is the subject of the application; or(5)  that funds of the decedent held by an individual, an employer, or a financial institution be paid to the applicant for reasonable and necessary attorney's fees and court costs for obtaining the order.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 152.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 152 - Emergency Intervention|Subchapter B. Order for Emergency Intervention|Section 152.053. Duration of Order

Sec. 152.053.  DURATION OF ORDER.  The authority of an applicant under an emergency intervention order expires on the earlier of:(1)  the 90th day after the date the order is issued; or(2)  the date a personal representative of the decedent's estate qualifies.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 152.054 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 152 - Emergency Intervention|Subchapter B. Order for Emergency Intervention|Section 152.054. Certified Copies of Order

Sec. 152.054.  CERTIFIED COPIES OF ORDER.  The court clerk may issue certified copies of an emergency intervention order on request of the applicant only until the earlier of:(1)  the 90th day after the date the order is signed; or(2)  the date a personal representative of the decedent's estate qualifies.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 152.055 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 152 - Emergency Intervention|Subchapter B. Order for Emergency Intervention|Section 152.055. Liability of Certain Persons in Connection With Order

Sec. 152.055.  LIABILITY OF CERTAIN PERSONS IN CONNECTION WITH ORDER.  (a)  A person who is provided a certified copy of an emergency intervention order within the period prescribed by Section 152.054 is not personally liable for an action taken by the person in accordance with and in reliance on the order.(b)  If a personal representative has not been appointed when an emergency intervention order issued under Section 152.052 expires, a person in possession of the decedent's personal property that is the subject of the order, without incurring civil liability, may:(1)  release the property to the decedent's heirs; or(2)  dispose of the property under Subchapter C, Chapter 54, Property Code, or Section 7.209 or 7.210, Business & Commerce Code.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 152.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 152 - Emergency Intervention|Subchapter C. Limitation on Right of Decedent's Surviving Spouse to Control Decedent's Burial or Cremation|Section 152.101. Application Authorized

Sec. 152.101.  APPLICATION AUTHORIZED.  (a)  The executor of a decedent's will or the decedent's next of kin may file an application for an order limiting the right of the decedent's surviving spouse to control the decedent's burial or cremation.(b)  For purposes of Subsection (a), the decedent's next of kin:(1)  is determined in accordance with order of descent, with the person nearest in order of descent first, and so on; and(2)  includes the decedent's descendants who legally adopted the decedent or who have been legally adopted by the decedent.(c)  An application under this section must be under oath and must establish:(1)  whether the decedent died intestate or testate;(2)  that the surviving spouse is alleged to be a principal or accomplice in a wilful act that resulted in the decedent's death; and(3)  that good cause exists to limit the surviving spouse's right to control the decedent's burial or cremation.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 152.102 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 152 - Emergency Intervention|Subchapter C. Limitation on Right of Decedent's Surviving Spouse to Control Decedent's Burial or Cremation|Section 152.102. Hearing; Issuance of Order

Sec. 152.102.  HEARING; ISSUANCE OF ORDER.  (a)  If the court finds that there is good cause to believe that the decedent's surviving spouse is the principal or an accomplice in a wilful act that resulted in the decedent's death, the court may, after notice and a hearing, limit the surviving spouse's right to control the decedent's burial or cremation.(b)  Subsection (a) applies:(1)  without regard to whether the decedent died intestate or testate;(2)  regardless of whether the surviving spouse is designated by the decedent's will as the executor of the decedent's estate; and(3)  subject to the prohibition described by Section 711.002(l), Health and Safety Code.(c)  If the court limits the surviving spouse's right of control as provided by Subsection (a), the court shall designate and authorize a person to make burial or cremation arrangements.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.011, eff. January 1, 2014.|
TX Est Code § 201.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle E - Intestate Succession|Chapter 201 - Descent and Distribution|Subchapter A. Intestate Succession|Section 201.001. Estate of an Intestate Not Leaving Spouse

Sec. 201.001.  ESTATE OF AN INTESTATE NOT LEAVING SPOUSE.  (a)  If a person who dies intestate does not leave a spouse, the estate to which the person had title descends and passes in parcenary to the person's kindred in the order provided by this section.(b)  The person's estate descends and passes to the person's children and the children's descendants.(c)  If no child or child's descendant survives the person, the person's estate descends and passes in equal portions to the person's father and mother.(d)  If only the person's father or mother survives the person, the person's estate shall:(1)  be divided into two equal portions, with:(A)  one portion passing to the surviving parent; and(B)  one portion passing to the person's siblings and the siblings' descendants; or(2)  be inherited entirely by the surviving parent if there is no sibling of the person or siblings' descendants.(e)  If neither the person's father nor mother survives the person, the person's entire estate passes to the person's siblings and the siblings' descendants.(f)  If none of the kindred described by Subsections (b)-(e) survive the person, the person's estate shall be divided into two moieties, with:(1)  one moiety passing to the person's paternal kindred as provided by Subsection (g); and(2)  one moiety passing to the person's maternal kindred as provided by Subsection (h).(g)  The moiety passing to the person's paternal kindred passes in the following order:(1)  if both paternal grandparents survive the person, equal portions pass to the person's paternal grandfather and grandmother;(2)  if only the person's paternal grandfather or grandmother survives the person, the person's estate shall:(A)  be divided into two equal portions, with:(i)  one portion passing to the surviving grandparent; and(ii)  one portion passing to the descendants of the deceased grandparent; or(B)  pass entirely to the surviving grandparent if no descendant of the deceased grandparent survives the person; and(3)  if neither the person's paternal grandfather nor grandmother survives the person, the moiety passing to the decedent's paternal kindred passes to the descendants of the person's paternal grandfather and grandmother, and so on without end, passing in like manner to the nearest lineal ancestors and their descendants.(h)  The moiety passing to the person's maternal kindred passes in the same order and manner as the other moiety passes to the decedent's paternal kindred under Subsection (g).|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 201.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle E - Intestate Succession|Chapter 201 - Descent and Distribution|Subchapter A. Intestate Succession|Section 201.002. Separate Estate of an Intestate

Sec. 201.002.  SEPARATE ESTATE OF AN INTESTATE.  (a)  If a person who dies intestate leaves a surviving spouse, the estate, other than a community estate, to which the person had title descends and passes as provided by this section.(b)  If the person has one or more children or a descendant of a child:(1)  the surviving spouse takes one-third of the personal estate;(2)  two-thirds of the personal estate descends to the person's child or children, and the descendants of a child or children; and(3)  the surviving spouse is entitled to a life estate in one-third of the person's land, with the remainder descending to the person's child or children and the descendants of a child or children.(c)  Except as provided by Subsection (d), if the person has no child and no descendant of a child:(1)  the surviving spouse is entitled to all of the personal estate;(2)  the surviving spouse is entitled to one-half of the person's land without a remainder to any person; and(3)  one-half of the person's land passes and is inherited according to the rules of descent and distribution.(d)  If the person described by Subsection (c) does not leave a surviving parent or one or more surviving siblings, or their descendants, the surviving spouse is entitled to the entire estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 201.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle E - Intestate Succession|Chapter 201 - Descent and Distribution|Subchapter A. Intestate Succession|Section 201.003. Community Estate of an Intestate

Sec. 201.003.  COMMUNITY ESTATE OF AN INTESTATE.  (a)  If a person who dies intestate leaves a surviving spouse, the community estate of the deceased spouse passes as provided by this section.(b)  The community estate of the deceased spouse passes to the surviving spouse if:(1)  no child or other descendant of the deceased spouse survives the deceased spouse; or(2)  all of the surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse.(c)  If the deceased spouse is survived by a child or other descendant who is not also a child or other descendant of the surviving spouse, the deceased spouse's undivided one-half interest in the community estate passes to the deceased spouse's children or other descendants.  The descendants inherit only the portion of that estate to which they would be entitled under Section 201.101.  In every case, the community estate passes charged with the debts against the community estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 5, eff. September 1, 2019.|
TX Est Code § 201.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle E - Intestate Succession|Chapter 201 - Descent and Distribution|Subchapter B. Matters Affecting Inheritance|Section 201.051. Maternal Inheritance

Sec. 201.051.  MATERNAL INHERITANCE.  (a)  For purposes of inheritance, a child is the child of the child's biological or adopted mother, and the child and the child's issue shall inherit from the child's mother and the child's maternal kindred, both descendants, ascendants, and collateral kindred in all degrees, and they may inherit from the child and the child's issue.  However, if a child has intended parents, as defined by Section 160.102, Family Code, under a gestational agreement validated under Subchapter I, Chapter 160, Family Code, the child is the child of the intended mother and not the biological mother or gestational mother unless the biological mother is also the intended mother.(b)  This section does not permit inheritance by a child for whom no right of inheritance accrues under Section 201.056 or by the child's issue.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 11, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 6, eff. September 1, 2015.|
TX Est Code § 201.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle E - Intestate Succession|Chapter 201 - Descent and Distribution|Subchapter B. Matters Affecting Inheritance|Section 201.052. Paternal Inheritance

Sec. 201.052.  PATERNAL INHERITANCE.  (a)  For purposes of inheritance, a child is the child of the child's biological father if:(1)  the child is born under circumstances described by Section 160.201, Family Code;(2)  the child is adjudicated to be the child of the father by court decree under Chapter 160, Family Code;(3)  the child was adopted by the child's father; or(4)  the father executed an acknowledgment of paternity under Subchapter D, Chapter 160, Family Code, or a similar statement properly executed in another jurisdiction.(a-1)  Notwithstanding Subsection (a), if a child has intended parents, as defined by Section 160.102, Family Code, under a gestational agreement validated under Subchapter I, Chapter 160, Family Code, the child is the child of the intended father and not the biological father unless the biological father is also the intended father.(b)  A child described by Subsection (a) or (a-1) and the child's issue shall inherit from the child's father and the child's paternal kindred, both descendants, ascendants, and collateral kindred in all degrees, and they may inherit from the child and the child's issue.(c)  A person may petition the probate court for a determination of right of inheritance from a decedent if the person:(1)  claims to be a biological child of the decedent and is not otherwise presumed to be a child of the decedent; or(2)  claims inheritance through a biological child of the decedent who is not otherwise presumed to be a child of the decedent.(d)  If under Subsection (c) the court finds by clear and convincing evidence that the purported father was the biological father of the child:(1)  the child is treated as any other child of the decedent for purposes of inheritance; and(2)  the child and the child's issue may inherit from the child's paternal kindred, both descendants, ascendants, and collateral kindred in all degrees, and they may inherit from the child and the child's issue.(e)  This section does not permit inheritance by a purported father of a child, recognized or not, if the purported father's parental rights have been terminated.(f)  This section does not permit inheritance by a child for whom no right of inheritance accrues under Section 201.056 or by the child's issue.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 12, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 7, eff. September 1, 2015.|
TX Est Code § 201.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle E - Intestate Succession|Chapter 201 - Descent and Distribution|Subchapter B. Matters Affecting Inheritance|Section 201.053. Effect of Reliance on Affidavit of Heirship

Sec. 201.053.  EFFECT OF RELIANCE ON AFFIDAVIT OF HEIRSHIP.  (a)  A person who purchases for valuable consideration any interest in property of the heirs of a decedent acquires good title to the interest that the person would have received, as purchaser, in the absence of a claim of the child described by Subdivision (1), if the person:(1)  in good faith relies on the declarations in an affidavit of heirship that does not include a child who at the time of the sale or contract of sale of the property:(A)  is not a presumed child of the decedent; and(B)  has not under a final court decree or judgment been found to be entitled to treatment under Section 201.052 as a child of the decedent; and(2)  is without knowledge of the claim of the child described by Subdivision (1).(b)  Subsection (a) does not affect any liability of the heirs for the proceeds of a sale described by Subsection (a) to the child who was not included in the affidavit of heirship.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|