reglab/housing_qa huggingface dataset:
TX Est Code § 1154.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1154 - Inventory, Appraisement, and List of Claims|Subchapter B. Requirements for Inventory, Appraisement, and List of Claims|Section 1154.052. List of Claims

Sec. 1154.052.  LIST OF CLAIMS.  The guardian of the estate shall make and attach to the inventory and appraisement required by Section 1154.051 a complete list of claims due or owing to the ward.  The list of claims must state:(1)  the name and, if known, address of each person indebted to the ward; and(2)  regarding each claim:(A)  the nature of the debt, whether it is a note, bill, bond, or other written obligation, or whether it is an account or verbal contract;(B)  the date the debt was incurred;(C)  the date the debt was or is due;(D)  the amount of the claim, the rate of interest on the claim, and the period for which the claim bears interest; and(E)  if any portion of the claim is held in common with others, the interest of the estate in the claim.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.042, eff. January 1, 2014.|
TX Est Code § 1154.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1154 - Inventory, Appraisement, and List of Claims|Subchapter B. Requirements for Inventory, Appraisement, and List of Claims|Section 1154.053. Affidavit of Guardian

Sec. 1154.053.  AFFIDAVIT OF GUARDIAN.  The guardian of the estate shall attach to the inventory, appraisement, and list of claims the guardian's affidavit, subscribed and sworn to before an officer in the county authorized by law to administer oaths, that the inventory, appraisement, and list of claims are a true and complete statement of the property and claims of the estate of which the guardian has knowledge.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1154.054 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1154 - Inventory, Appraisement, and List of Claims|Subchapter B. Requirements for Inventory, Appraisement, and List of Claims|Section 1154.054. Approval or Disapproval by the Court

Sec. 1154.054.  APPROVAL OR DISAPPROVAL BY THE COURT.  (a)  On the filing of the inventory, appraisement, and list of claims with the court clerk, the judge shall examine and approve or disapprove the inventory, appraisement, and list of claims.(b)  If the judge approves the inventory, appraisement, and list of claims, the judge shall enter an order to that effect.(c)  If the judge does not approve the inventory, appraisement, or list of claims, the judge:(1)  shall enter an order to that effect requiring the filing of another inventory, appraisement, or list of claims, whichever is not approved, within a period specified in the order not to exceed 20 days after the date the order is entered; and(2)  may, if considered necessary, appoint new appraisers.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1154.055 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1154 - Inventory, Appraisement, and List of Claims|Subchapter B. Requirements for Inventory, Appraisement, and List of Claims|Section 1154.055. Failure of Joint Guardians to File Inventory, Appraisement, and List of Claims

Sec. 1154.055.  FAILURE OF JOINT GUARDIANS TO FILE INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS.  (a)  If more than one guardian of the estate qualifies to serve, any one or more of the guardians, on the neglect of the other guardians, may make and file an inventory, appraisement, and list of claims.(b)  A guardian who neglects to make or file an inventory, appraisement, and list of claims may not interfere with and does not have any power over the estate after another guardian makes and files an inventory, appraisement, and list of claims.(c)  The guardian who files the inventory, appraisement, and list of claims is entitled to the whole administration unless, not later than the 60th day after the date the guardian files the inventory, appraisement, and list of claims, each of the delinquent guardians files with the court a written, sworn, and reasonable excuse that the court considers satisfactory.  The court shall enter an order removing one or more delinquent guardians and revoking those guardians' letters if:(1)  an excuse is not filed; or(2)  the court does not consider the filed excuse sufficient.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1154.101 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1154 - Inventory, Appraisement, and List of Claims|Subchapter C. Changes to Inventory, Appraisement, and List of Claims|Section 1154.101. Discovery of Additional Property or Claims

Sec. 1154.101.  DISCOVERY OF ADDITIONAL PROPERTY OR CLAIMS.  If after the filing of the inventory, appraisement, and list of claims the guardian of the estate acquires possession or knowledge of property or claims of the estate not included in the inventory, appraisement, and list of claims, the guardian shall promptly file with the court clerk a verified, full, and detailed supplemental inventory, appraisement, and list of claims.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1154.102 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1154 - Inventory, Appraisement, and List of Claims|Subchapter C. Changes to Inventory, Appraisement, and List of Claims|Section 1154.102. Additional Inventory and Appraisement or List of Claims

Sec. 1154.102.  ADDITIONAL INVENTORY AND APPRAISEMENT OR LIST OF CLAIMS.  (a)  On the written complaint of any interested person that property or claims of the estate have not been included in the filed inventory, appraisement, and list of claims, the guardian of the estate shall be cited to appear before the court in which the cause is pending and show cause why the guardian should not be required to make and file an additional inventory and appraisement or list of claims, or both.(b)  After hearing the complaint, if the court is satisfied of the truth of the complaint, the court shall enter an order requiring the guardian to make and file an additional inventory and appraisement or list of claims, or both.  The additional inventory and appraisement or list of claims:(1)  must be made and filed in the same manner as the original inventory and appraisement or list of claims within the period prescribed by the court, not to exceed 20 days after the date of the order; and(2)  may include only property or claims not previously included in the inventory and appraisement or list of claims.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1154.103 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1154 - Inventory, Appraisement, and List of Claims|Subchapter C. Changes to Inventory, Appraisement, and List of Claims|Section 1154.103. Correction of Inventory, Appraisement, or List of Claims for Erroneous or Unjust Item

Sec. 1154.103.  CORRECTION OF INVENTORY, APPRAISEMENT, OR LIST OF CLAIMS FOR ERRONEOUS OR UNJUST ITEM.  (a)  A person interested in an estate who considers an inventory, appraisement, or list of claims filed by the guardian of the estate to be erroneous or unjust in any particular form may:(1)  file a written complaint setting forth the alleged erroneous or unjust item; and(2)  have the guardian cited to appear before the court and show cause why the item should not be corrected.(b)  On the hearing of the complaint, if the court is satisfied from the evidence that the inventory, appraisement, or list of claims is erroneous or unjust as alleged in the complaint, the court shall enter an order:(1)  specifying the erroneous or unjust item and the corrections to be made; and(2)  appointing an appraiser to make a new appraisement correcting the erroneous or unjust item and requiring the filing of the new appraisement not later than the 20th day after the date of the order.(c)  The court, on the court's own motion or a motion of the guardian of the estate, may also have a new appraisement made for the purposes described by this section.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1154.104 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1154 - Inventory, Appraisement, and List of Claims|Subchapter C. Changes to Inventory, Appraisement, and List of Claims|Section 1154.104. Reappraisement

Sec. 1154.104.  REAPPRAISEMENT.  (a)  A reappraisement made, filed, and approved by the court replaces the original appraisement.  Not more than one reappraisement may be made.(b)  Notwithstanding Subsection (a), a person interested in an estate may object to a reappraisement regardless of whether the court has approved the reappraisement.  If the court finds that the reappraisement is erroneous or unjust, the court shall appraise the property on the basis of the evidence before the court.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1154.151 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1154 - Inventory, Appraisement, and List of Claims|Subchapter D. Use of Inventory, Appraisement, and List of Claims as Evidence|Section 1154.151. Use of Inventory, Appraisement, and List of Claims as Evidence

Sec. 1154.151.  USE OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS AS EVIDENCE.  Each inventory, appraisement, and list of claims that has been made, filed, and approved in accordance with law; the record of the inventory, appraisement, and list of claims; or a copy of an original or the record that has been certified under the seal of the county court affixed by the clerk:(1)  may be given in evidence in any court of this state in any suit by or against the guardian of the estate; and(2)  is not conclusive for or against the guardian of the estate if it is shown that:(A)  any property or claim of the estate is not shown in the inventory, appraisement, or list of claims; or(B)  the value of the property or claim of the estate exceeded the value shown in the appraisement or list of claims.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1155.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1155 - Compensation, Expenses, and Court Costs|Subchapter A. Compensation of Guardians in General|Section 1155.001. Definitions

Sec. 1155.001.  DEFINITIONS.  In this subchapter:(1)  "Gross income" does not include United States Department of Veterans Affairs or social security benefits received by a ward.(2)  "Money paid out" does not include any money loaned, invested, or paid over on the settlement of a guardianship or a tax-motivated gift made by a ward.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1155.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1155 - Compensation, Expenses, and Court Costs|Subchapter A. Compensation of Guardians in General|Section 1155.002. Compensation for Certain Guardians of the Person

Sec. 1155.002.  COMPENSATION FOR CERTAIN GUARDIANS OF THE PERSON.  (a)  The court may authorize compensation for a guardian serving as a guardian of the person alone from available funds of the ward's estate or other funds available for that purpose.  The court may set the compensation in an amount not to exceed five percent of the ward's gross income.(b)  If the ward's estate is insufficient to pay for the services of a private professional guardian or a licensed attorney serving as a guardian of the person, the court may authorize compensation for that guardian if funds in the county treasury are budgeted for that purpose.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1155.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1155 - Compensation, Expenses, and Court Costs|Subchapter A. Compensation of Guardians in General|Section 1155.003. Compensation for Guardian of the Estate

Sec. 1155.003.  COMPENSATION FOR GUARDIAN OF THE ESTATE.  (a)  The guardian of an estate is entitled to reasonable compensation on application to the court at the time the court approves an annual or final accounting filed by the guardian under this title.(b)  A fee of five percent of the gross income of the ward's estate and five percent of all money paid out of the estate, subject to the award of an additional amount under Section 1155.006(a) following a review under Section 1155.006(a)(1), is considered reasonable under this section if the court finds that the guardian has taken care of and managed the estate in compliance with the standards of this title.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1155.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1155 - Compensation, Expenses, and Court Costs|Subchapter A. Compensation of Guardians in General|Section 1155.004. Considerations in Authorizing Compensation

Sec. 1155.004.  CONSIDERATIONS IN AUTHORIZING COMPENSATION.  In determining whether to authorize compensation for a guardian under this subchapter, the court shall consider:(1)  the ward's monthly income from all sources; and(2)  whether the ward receives medical assistance under the state Medicaid program.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1155.005 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1155 - Compensation, Expenses, and Court Costs|Subchapter A. Compensation of Guardians in General|Section 1155.005. Maximum Aggregate Compensation

Sec. 1155.005.  MAXIMUM AGGREGATE COMPENSATION.  Except as provided by Section 1155.006(a) for a fee the court determines is unreasonably low, the aggregate fee of the guardian of the person and guardian of the estate may not exceed an amount equal to five percent of the gross income of the ward's estate plus five percent of all money paid out of the estate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1155.006 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1155 - Compensation, Expenses, and Court Costs|Subchapter A. Compensation of Guardians in General|Section 1155.006. Modification of Unreasonably Low Compensation; Authorization for Payment of Estimated Quarterly Compensation

Sec. 1155.006.  MODIFICATION OF UNREASONABLY LOW COMPENSATION; AUTHORIZATION FOR PAYMENT OF ESTIMATED QUARTERLY COMPENSATION.  (a)  On application of an interested person or on the court's own motion, the court may:(1)  review and modify the amount of compensation authorized under Section 1155.002(a) or 1155.003 if the court finds that the amount is unreasonably low when considering the services provided as guardian; and(2)  authorize compensation for the guardian in an estimated amount the court finds reasonable, to be paid on a quarterly basis before the guardian files an annual or final accounting, if the court finds that delaying the payment of compensation until the guardian files an accounting would create a hardship for the guardian.(b)  A finding of unreasonably low compensation may not be established under Subsection (a) solely because the amount of compensation is less than the usual and customary charges of the person or entity serving as guardian.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1155.007 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1155 - Compensation, Expenses, and Court Costs|Subchapter A. Compensation of Guardians in General|Section 1155.007. Reduction or Elimination of Estimated Quarterly Compensation

Sec. 1155.007.  REDUCTION OR ELIMINATION OF ESTIMATED QUARTERLY COMPENSATION.  (a)  A court that authorizes payment of estimated quarterly compensation under Section 1155.006(a) may later reduce or eliminate the guardian's compensation if, on review of an annual or final accounting or otherwise, the court finds that the guardian:(1)  received compensation in excess of the amount permitted under this subchapter;(2)  has not adequately performed the duties required of a guardian under this title; or(3)  has been removed for cause.(b)  If a court reduces or eliminates a guardian's compensation as provided by Subsection (a), the guardian and the surety on the guardian's bond are liable to the guardianship estate for any excess compensation received.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1155.008 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1155 - Compensation, Expenses, and Court Costs|Subchapter A. Compensation of Guardians in General|Section 1155.008. Denial of Compensation

Sec. 1155.008.  DENIAL OF COMPENSATION.  On application of an interested person or on the court's own motion, the court may wholly or partly deny a fee authorized under this subchapter if:(1)  the court finds that the guardian has not adequately performed the duties required of a guardian under this title; or(2)  the guardian has been removed for cause.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1155.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1155 - Compensation, Expenses, and Court Costs|Subchapter B. Compensation for Professional Services|Section 1155.052. Attorney Serving as Guardian and Providing Related Legal Services

Sec. 1155.052.  ATTORNEY SERVING AS GUARDIAN AND PROVIDING RELATED LEGAL SERVICES.  (a)  Notwithstanding any other provision of this chapter, an attorney who serves as guardian and who also provides legal services in connection with the guardianship is not entitled to compensation for the guardianship services or payment of attorney's fees for the legal services from the ward's estate or other funds available for that purpose unless the attorney files with the court a detailed description of the services performed that identifies which of the services provided were guardianship services and which were legal services.(b)  An attorney described by Subsection (a) is not entitled to payment of attorney's fees for guardianship services that are not legal services.(c)  The court shall set the compensation of an attorney described by Subsection (a) for the performance of guardianship services in accordance with Subchapter A. The court shall set attorney's fees for an attorney described by Subsection (a) for legal services provided in accordance with Sections 1155.054, 1155.101, and 1155.151.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 17, eff. January 1, 2014.|
TX Est Code § 1155.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1155 - Compensation, Expenses, and Court Costs|Subchapter B. Compensation for Professional Services|Section 1155.053. Compensation for Services to Recover Property

Sec. 1155.053.  COMPENSATION FOR SERVICES TO RECOVER PROPERTY.  (a)  Subject only to the approval of the court in which the estate is being administered and except as provided by Subsection (b), a guardian of an estate may convey or contract to convey a contingent interest in any property sought to be recovered, not to exceed one-third of the property for services of attorneys.(b)  A guardian of an estate may convey or contract to convey for services of attorneys a contingent interest that exceeds one-third of the property sought to be recovered under this section only on the approval of the court in which the estate is being administered.  The court must approve a contract entered into or conveyance made under this section before an attorney performs any legal services.  A contract entered into or conveyance made in violation of this section is void unless the court ratifies or reforms the contract or documents relating to the conveyance to the extent necessary to cause the contract or conveyance to meet the requirements of this section.(c)  In approving a contract or conveyance under Subsection (a) or (b) for services of an attorney, the court shall consider:(1)  the time and labor that will be required, the novelty and difficulty of the questions to be involved, and the skill that will be required to perform the legal services properly;(2)  the fee customarily charged in the locality for similar legal services;(3)  the value of property recovered or sought to be recovered by the guardian under this section;(4)  the benefits to the estate that the attorney will be responsible for securing; and(5)  the experience and ability of the attorney who will be performing the services.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1155.101 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1155 - Compensation, Expenses, and Court Costs|Subchapter C. Expenses|Section 1155.101. Reimbursement of Expenses in General

Sec. 1155.101.  REIMBURSEMENT OF EXPENSES IN GENERAL.  A guardian is entitled to reimbursement from the guardianship estate for all necessary and reasonable expenses incurred in performing any duty as a guardian, including reimbursement for the payment of reasonable attorney's fees necessarily incurred by the guardian in connection with the management of the estate  or any other matter in the guardianship.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.043, eff. January 1, 2014.|
TX Est Code § 1155.102 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1155 - Compensation, Expenses, and Court Costs|Subchapter C. Expenses|Section 1155.102. Reimbursement of Expenses for Collection of Claim or Debt

Sec. 1155.102.  REIMBURSEMENT OF EXPENSES FOR COLLECTION OF CLAIM OR DEBT.  On satisfactory proof to the court, a guardian of an estate is entitled to all necessary and reasonable expenses incurred by the guardian in collecting or attempting to collect a claim or debt owed to the estate or in recovering or attempting to recover property to which the estate has title or a claim.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|