reglab/housing_qa huggingface dataset:
TX Est Code § 455.012 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 455 - Public Probate Administrator|Section 455.012. Deposit of Funds in Court Registry

Sec. 455.012.  DEPOSIT OF FUNDS IN COURT REGISTRY.  The public probate administrator shall deposit all funds coming into the custody of the administrator in the court registry, except as provided by Section 455.003.  Funds deposited must be disbursed at the direction of the public probate administrator and according to an order issued by the statutory probate court judge who appointed the administrator.|Added by Acts 2013, 83rd Leg., R.S., Ch. 671 (H.B. 1755), Sec. 2, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 44, eff. September 1, 2019.|
TX Est Code § 456.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 456 - Disbursement and Closing of Lawyer Trust or Escrow Accounts|Section 456.001. Definition

Sec. 456.001.  DEFINITION.  In this chapter, "eligible institution" means a financial institution or investment company in which a lawyer has established an escrow or trust account for purposes of holding client funds or the funds of third persons that are in the lawyer's possession in connection with representation as required by the Texas Disciplinary Rules of Professional Conduct.|Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 45, eff. September 1, 2015.|
TX Est Code § 456.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 456 - Disbursement and Closing of Lawyer Trust or Escrow Accounts|Section 456.002. Authority to Designate Lawyer on Certain Trust or Escrow Accounts

Sec. 456.002.  AUTHORITY TO DESIGNATE LAWYER ON CERTAIN TRUST OR ESCROW ACCOUNTS.  (a)  When administering the estate of a deceased lawyer who established one or more trust or escrow accounts for client funds or the funds of third persons that are in the lawyer's possession in connection with representation as required by the Texas Disciplinary Rules of Professional Conduct, the personal representative may hire through written agreement a lawyer authorized to practice in this state to:(1)  be the authorized signer on the trust or escrow account;(2)  determine who is entitled to receive the funds in the account;(3)  disburse the funds to the appropriate persons or to the decedent's estate; and(4)  close the account.(b)  If the personal representative is a lawyer authorized to practice in this state, the personal representative may state that fact and disburse the trust or escrow account funds of a deceased lawyer in accordance with Subsection (a).(c)  An agreement under Subsection (a) or a statement under Subsection (b) must be made in writing, and a copy of the agreement or statement must be delivered to each eligible institution in which the trust or escrow accounts were established.|Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 45, eff. September 1, 2015.|
TX Est Code § 456.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 456 - Disbursement and Closing of Lawyer Trust or Escrow Accounts|Section 456.003. Duty of Eligible Institutions

Sec. 456.003.  DUTY OF ELIGIBLE INSTITUTIONS.  Not later than the seventh business day after the date an eligible institution receives a copy of a written agreement under Section 456.002(a) or a statement from a personal representative under Section 456.002(b) and instructions from the lawyer identified in the agreement or statement, as applicable, regarding how to disburse the funds or close a trust or escrow account, the eligible institution shall disburse the funds and close the account in compliance with the instructions.|Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 45, eff. September 1, 2015.Amended by: Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 35, eff. September 1, 2017.|
TX Est Code § 456.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 456 - Disbursement and Closing of Lawyer Trust or Escrow Accounts|Section 456.004. Liability of Eligible Institutions

Sec. 456.004.  LIABILITY OF ELIGIBLE INSTITUTIONS.  An eligible institution is not liable for any act respecting an account taken in compliance with this chapter.|Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 45, eff. September 1, 2015.|
TX Est Code § 456.0045 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 456 - Disbursement and Closing of Lawyer Trust or Escrow Accounts|Section 456.0045. Private Cause of Action

Sec. 456.0045.  PRIVATE CAUSE OF ACTION.  (a)  If an eligible institution violates Section 456.003, a person aggrieved by the violation may bring an action against the eligible institution to:(1)  obtain declaratory or injunctive relief to enforce the section; and(2)  recover damages to the same extent the person would be entitled to damages had the eligible institution acted in the same manner with respect to the deceased lawyer before the lawyer's death.(b)  A person who prevails in an action under this section may recover court costs and reasonable attorney's fees. |Added by Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 36, eff. September 1, 2017.|
TX Est Code § 456.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 456 - Disbursement and Closing of Lawyer Trust or Escrow Accounts|Section 456.005. Rules

Sec. 456.005.  RULES.  The supreme court may adopt rules regarding the administration of funds in a trust or escrow account subject to this chapter.|Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 45, eff. September 1, 2015.|
TX Est Code § 501.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 501 - Ancillary Probate of Foreign Will|Section 501.001. Authority for Ancillary Probate of Foreign Will

Sec. 501.001.  AUTHORITY FOR ANCILLARY PROBATE OF FOREIGN WILL.  The written will of a testator who was not domiciled in this state at the time of the testator's death may be admitted to probate at any time in this state if:(1)  the will would affect any property in this state; and(2)  proof is presented that the will stands probated or otherwise established in any state of the United States or a foreign nation.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 46, eff. September 1, 2015.|
TX Est Code § 501.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 501 - Ancillary Probate of Foreign Will|Section 501.002. Application for Ancillary Probate of Foreign Will

Sec. 501.002.  APPLICATION FOR ANCILLARY PROBATE OF FOREIGN WILL.  (a)  An application for ancillary probate in this state of a foreign will admitted to probate or otherwise established in the jurisdiction in which the testator was domiciled at the time of the testator's death is required to indicate only that probate in this state is requested on the basis of the authenticated copy of the foreign proceedings in which the will was admitted to probate or otherwise established.(b)  An application for ancillary probate in this state of a foreign will that has been admitted to probate or otherwise established in a jurisdiction other than the jurisdiction in which the testator was domiciled at the time of the testator's death must:(1)  include all information required for an application for probate of a domestic will; and(2)  state the name and address of:(A)  each devisee; and(B)  each person who would be entitled to a portion of the estate as an heir in the absence of a will.(c)  An application described by Subsection (a) or (b) must include for filing a copy of the foreign will and the judgment, order, or decree by which the will was admitted to probate or otherwise established.  The copy must:(1)  be attested by and with the original signature of the court clerk or other official who has custody of the will or who is in charge of probate records;(2)  include a certificate with the original signature of the judge or presiding magistrate of the court stating that the attestation is in proper form; and(3)  have the court seal affixed, if a court seal exists.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 501.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 501 - Ancillary Probate of Foreign Will|Section 501.003. Citation and Notice

Sec. 501.003.  CITATION AND NOTICE.  (a)  Citation or notice is not required for an application described by Section 501.002(a).(b)  For an application described by Section 501.002(b), a citation shall be issued and served by registered or certified mail on each devisee and heir identified in the application.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 501.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 501 - Ancillary Probate of Foreign Will|Section 501.004. Recording by Clerk

Sec. 501.004.  RECORDING BY CLERK.  (a)  If a foreign will submitted for ancillary probate in this state has been admitted to probate or otherwise established in the jurisdiction in which the testator was domiciled at the time of the testator's death, it is the ministerial duty of the court clerk to record the will and the evidence of the will's probate or other establishment in the judge's probate docket.(b)  If a foreign will submitted for ancillary probate in this state has been admitted to probate or otherwise established in a jurisdiction other than the jurisdiction in which the testator was domiciled at the time of the testator's death, and a contest against the ancillary probate is not filed as authorized by Chapter 504, the court clerk shall record the will and the evidence of the will's probate or other establishment in the judge's probate docket.(c)  A court order is not necessary for the recording of a foreign will in accordance with this section.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.019, eff. January 1, 2014.|
TX Est Code § 501.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 501 - Ancillary Probate of Foreign Will|Section 501.005. Effect of Filing and Recording Foreign Will

Sec. 501.005.  EFFECT OF FILING AND RECORDING FOREIGN WILL.  On filing and recording a foreign will in accordance with this chapter, the foreign will:(1)  is considered to be admitted to probate; and(2)  has the same effect for all purposes as if the original will had been admitted to probate by order of a court of this state, subject to contest in the manner and to the extent provided by Chapter 504.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 501.006 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 501 - Ancillary Probate of Foreign Will|Section 501.006. Ancillary Letters Testamentary

Sec. 501.006.  ANCILLARY LETTERS TESTAMENTARY.  (a)  On application, an executor named in a foreign will admitted to ancillary probate in this state in accordance with this chapter is entitled to receive ancillary letters testamentary on proof made to the court that:(1)  the executor has qualified to serve as executor in the jurisdiction in which the will was previously admitted to probate or otherwise established;(2)  the executor is not disqualified from serving in that capacity in this state; and(3)  if the will is admitted to ancillary probate in this state after the fourth anniversary of the testator's death, the executor continues to serve in that capacity in the jurisdiction in which the will was previously admitted to probate or otherwise established.(b)  After the proof required by Subsection (a) is made, the court shall enter an order directing that ancillary letters testamentary be issued to the executor.  The court shall revoke any letters of administration previously issued by the court to any other person on application of the executor after personal service of citation on the person to whom the letters were issued.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 47, eff. September 1, 2015.|
TX Est Code § 501.007 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 501 - Ancillary Probate of Foreign Will|Section 501.007. Effect on Property

Sec. 501.007.  EFFECT ON PROPERTY.  A foreign will admitted to ancillary probate in this state as provided by this chapter after having been admitted to probate or otherwise established in the jurisdiction in which the testator was domiciled at the time of the testator's death is effective to dispose of property in this state regardless of whether the will was executed with the formalities required by this title.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 501.008 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 501 - Ancillary Probate of Foreign Will|Section 501.008. Setting Aside of Certain Foreign Wills

Sec. 501.008.  SETTING ASIDE OF CERTAIN FOREIGN WILLS.  (a)  This section applies only to a foreign will admitted to ancillary probate in this state, in accordance with the procedures prescribed by this chapter, based on the previous probate or other establishment of the will in the jurisdiction in which the testator was domiciled at the time of the testator's death.(b)  The admission to probate in this state of a foreign will to which this section applies shall be set aside if it is subsequently proven in a proceeding brought for that purpose that the foreign jurisdiction in which the will was admitted to probate or otherwise established was not in fact the domicile of the testator at the time of the testator's death.(c)  The title or rights of a person who, before commencement of a proceeding to set aside the admission to probate of a foreign will under this section, purchases property in good faith and for value from the personal representative or a devisee or otherwise deals in good faith with the personal representative or a devisee are not affected by the subsequent setting aside of the admission to probate in this state.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 502.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 502 - Original Probate of Foreign Will|Section 502.001. Original Probate of Foreign Will Authorized

Sec. 502.001.  ORIGINAL PROBATE OF FOREIGN WILL AUTHORIZED.  (a)  This section applies only to a will of a testator who dies domiciled outside of this state that:(1)  on probate, may operate on any property in this state; and(2)  is valid under the laws of this state.(b)  A court may grant original probate of a will described by Subsection (a) in the same manner as the court grants the probate of other wills under this title if the will:(1)  has not been rejected from probate or establishment in the jurisdiction in which the testator died domiciled; or(2)  has been rejected from probate or establishment in the jurisdiction in which the testator died domiciled solely for a cause that is not a ground for rejection of a will of a testator who died domiciled in this state.(c)  A court may delay passing on an application for probate of a foreign will pending the result of probate or establishment, or of a contest of probate or establishment, in the jurisdiction in which the testator died domiciled.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 502.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 502 - Original Probate of Foreign Will|Section 502.002. Proof of Foreign Will in Original Probate Proceeding

Sec. 502.002.  PROOF OF FOREIGN WILL IN ORIGINAL PROBATE PROCEEDING.  (a)  A copy of the will of a testator who dies domiciled outside of this state, authenticated in the manner required by this title, is sufficient proof of the contents of the will to admit the will to probate in an original proceeding in this state if an objection to the will is not made.(b)  This section does not:(1)  authorize the probate of a will that would not otherwise be admissible to probate; or(2)  if an objection is made to a will, relieve the proponent from offering proof of the contents and legal sufficiency of the will as otherwise required.(c)  Subsection (b)(2) does not require the proponent to produce the original will unless ordered by the court.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 753.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 753 - Removal of Attorney in Fact or Agent|Section 753.001. Procedure for Removal

Sec. 753.001.  PROCEDURE FOR REMOVAL.  (a)  In this section, "person interested," notwithstanding Section 22.018, has the meaning assigned by Section 1002.018.(b)  The following persons may file a petition under this section:(1)  any person named as a successor attorney in fact or agent in a durable power of attorney; or(2)  if the person with respect to whom a guardianship proceeding has been commenced is a principal who has executed a durable power of attorney, any person interested in the guardianship proceeding, including an attorney ad litem or guardian ad litem.(c)  On the petition of a person described by Subsection (b), a probate court, after a hearing, may enter an order:(1)  removing a person named and serving as an attorney in fact or agent under a durable power of attorney;(2)  authorizing the appointment of a successor attorney in fact or agent who is named in the durable power of attorney if the court finds that the successor attorney in fact or agent is willing to accept the authority granted under the power of attorney; and(3)  if compensation is allowed by the terms of the durable power of attorney, denying all or part of the removed attorney in fact's or agent's compensation.(d)  A court may enter an order under Subsection (c) if the court finds:(1)  that the attorney in fact or agent has breached the attorney in fact's or agent's fiduciary duties to the principal;(2)  that the attorney in fact or agent has materially violated or attempted to violate the terms of the durable power of attorney and the violation or attempted violation results in a material financial loss to the principal;(3)  that the attorney in fact or agent is incapacitated or is otherwise incapable of properly performing the attorney in fact's or agent's duties; or(4)  that the attorney in fact or agent has failed to make an accounting:(A)  that is required by Section 751.104 within the period prescribed by Section 751.105, by other law, or by the terms of the durable power of attorney; or(B)  as ordered by the court.|Added by Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 6, eff. September 1, 2017.|
TX Est Code § 753.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 753 - Removal of Attorney in Fact or Agent|Section 753.002. Notice to Third Parties

Sec. 753.002.  NOTICE TO THIRD PARTIES.  Not later than the 21st day after the date the court enters an order removing an attorney in fact or agent and authorizing the appointment of a successor under Section 753.001, the successor attorney in fact or agent shall provide actual notice of the order to each third party that the attorney in fact or agent has reason to believe relied on or may rely on the durable power of attorney.|Added by Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 6, eff. September 1, 2017.|
TX Est Code § 1001.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle A - General Provisions|Chapter 1001 - Purpose and Construction|Section 1001.001. Policy; Purpose of Guardianship

Sec. 1001.001.  POLICY; PURPOSE OF GUARDIANSHIP.  (a)  A court may appoint a guardian with either full or limited authority over an incapacitated person as indicated by the incapacitated person's actual mental or physical limitations and only as necessary to promote and protect the well-being of the incapacitated person.(b)  In creating a guardianship that gives a guardian limited authority over an incapacitated person, the court shall design the guardianship to encourage the development or maintenance of maximum self-reliance and independence in the incapacitated person, including by presuming that the incapacitated person retains capacity to make personal decisions regarding the person's residence.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 1, eff. September 1, 2015.|
TX Est Code § 1001.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle A - General Provisions|Chapter 1001 - Purpose and Construction|Section 1001.002. Laws Applicable to Guardianships

Sec. 1001.002.  LAWS APPLICABLE TO GUARDIANSHIPS.  To the extent applicable and not inconsistent with other provisions of this code, the laws and rules governing estates of decedents apply to guardianships.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1001.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle A - General Provisions|Chapter 1001 - Purpose and Construction|Section 1001.003. References in Law Meaning Incapacitated Person

Sec. 1001.003.  REFERENCES IN LAW MEANING INCAPACITATED PERSON.  In this code or any other law, a reference to any of the following means an incapacitated person:(1)  a person who is mentally, physically, or legally incompetent;(2)  a person who is judicially declared incompetent;(3)  an incompetent or an incompetent person;(4)  a person of unsound mind; or(5)  a habitual drunkard.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|