reglab/housing_qa huggingface dataset:
TX Est Code § 1161.153 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1161 - Investments and Loans of Estates of Wards|Subchapter D. Investments in Real Estate|Section 1161.153. Court Approval of Contracts Required

Sec. 1161.153.  COURT APPROVAL OF CONTRACTS REQUIRED.  (a)  If a contract is made for the investment of money in real estate under a court order, the guardian of the estate shall report the contract in writing to the court.(b)  The court shall inquire fully into the contract.  If satisfied that the investment will benefit the ward's estate and that the title of the real estate is valid and unencumbered, the court may approve the contract and authorize the guardian to pay money in performance of the contract.(c)  The guardian may not pay any money on the contract until the contract is approved by a court order to that effect.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1161.201 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1161 - Investments and Loans of Estates of Wards|Subchapter E. Loans and Security for Loans|Section 1161.201. Inapplicability of Subchapter

Sec. 1161.201.  INAPPLICABILITY OF SUBCHAPTER. This subchapter does not apply to an investment in a debenture, bond, or other publicly traded debt security.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1161.202 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1161 - Investments and Loans of Estates of Wards|Subchapter E. Loans and Security for Loans|Section 1161.202. Authority to Make Loans

Sec. 1161.202.  AUTHORITY TO MAKE LOANS.  (a)  If, at any time, the guardian of the estate has on hand money belonging to the ward in an amount that provides a return that is more than is necessary for the education, support, and maintenance of the ward and others the ward supports, if applicable, the guardian may lend the money for a reasonable interest rate.(b)  The guardian of the estate is considered to have obtained a reasonable interest rate for a loan for purposes of Subsection (a) if the interest rate is at least equal to 120 percent of the applicable short-term, midterm, or long-term interest rate under Section 7520, Internal Revenue Code of 1986, for the month during which the loan was made.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1161.203 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1161 - Investments and Loans of Estates of Wards|Subchapter E. Loans and Security for Loans|Section 1161.203. Loan Requirements

Sec. 1161.203.  LOAN REQUIREMENTS.  (a)  Except as provided by Subsection (b), the guardian of the estate shall take as collateral the borrower's note for the money that is loaned, secured by:(1)  a mortgage with a power of sale on unencumbered real estate located in this state worth at least twice the amount of the note; or(2)  collateral notes secured by vendor's lien notes.(b)  The guardian may purchase vendor's lien notes if at least one-half has been paid in cash or its equivalent on the land for which the notes were given.(c)  Except as provided by Subsection (d), a guardian of the estate who lends estate money may not pay or transfer any money to consummate the loan until the guardian:(1)  submits to a reputable attorney for examination all bonds, notes, mortgages, abstracts, and other documents relating to the loan; and(2)  receives a written opinion from the attorney stating that the documents under Subdivision (1) are regular and that the title to relevant bonds, notes, or real estate is clear.(d)  A guardian of the estate may obtain a mortgagee's title insurance policy on any real estate loan instead of an abstract and attorney's opinion under Subsection (c).(e)  The borrower shall pay attorney's fees for any legal services required by Subsection (c).|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1161.204 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1161 - Investments and Loans of Estates of Wards|Subchapter E. Loans and Security for Loans|Section 1161.204. Guardian's Duty to Report Loan to Court

Sec. 1161.204.  GUARDIAN'S DUTY TO REPORT LOAN TO COURT.  (a)  Not later than the 30th day after the date the guardian of the estate loans money from the estate, the guardian shall file with the court a written report, accompanied and verified by an affidavit, stating fully the facts related to the loan.(b)  This section does not apply to a loan made in accordance with a court order.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1161.205 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1161 - Investments and Loans of Estates of Wards|Subchapter E. Loans and Security for Loans|Section 1161.205. Guardian's Liability

Sec. 1161.205.  GUARDIAN'S LIABILITY.  (a)  Except as provided by Subsection (b), a guardian of the estate who loans estate money with the court's approval on security approved by the court is not personally liable if the borrower is unable to repay the money and the security fails.(b)  If the guardian committed fraud or was negligent in making or managing the loan, including in collecting the loan, the guardian and the guardian's surety are liable for the loss sustained by the guardianship estate as a result of the fraud or negligence.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1162.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1162 - Tax-Motivated, Charitable, Nonprofit, and Other Gifts|Subchapter A. Certain Gifts and Transfers|Section 1162.001. Authority to Establish Estate or Other Transfer Plan

Sec. 1162.001.  AUTHORITY TO ESTABLISH ESTATE OR OTHER TRANSFER PLAN.  On application of the guardian of the estate or any interested person, after the posting of notice and hearing, and on a showing that the ward will probably remain incapacitated during the ward's lifetime, the court may enter an order that authorizes the guardian to apply the principal or income of the ward's estate that is not required for the support of the ward or the ward's family during the ward's lifetime toward the establishment of an estate plan for the purpose of minimizing income, estate, inheritance, or other taxes payable out of the ward's estate, or to transfer a portion of the ward's estate as necessary to qualify the ward for government benefits and only to the extent allowed by applicable state or federal laws, including rules, regarding those benefits.  On the ward's behalf, the court may authorize the guardian to make gifts or transfers described by this section, outright or in trust, of the ward's property to or for the benefit of:(1)  an organization to which charitable contributions may be made under the Internal Revenue Code of 1986 and in which it is shown the ward would reasonably have an interest;(2)  the ward's spouse, descendant, or other person related to the ward by blood or marriage who is identifiable at the time of the order;(3)  a devisee under the ward's last validly executed will, trust, or other beneficial instrument, if the instrument exists; and(4)  a person serving as guardian of the ward, if the person is eligible under Subdivision (2) or (3).|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. 6.050, eff. January 1, 2014.|
TX Est Code § 1162.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1162 - Tax-Motivated, Charitable, Nonprofit, and Other Gifts|Subchapter A. Certain Gifts and Transfers|Section 1162.002. Estate or Other Transfer Plan: Contents and Modification

Sec. 1162.002.  ESTATE OR OTHER TRANSFER PLAN:  CONTENTS AND MODIFICATION.  (a)  The person making an application to the court under Section 1162.001 shall:(1)  outline the proposed estate or other transfer plan; and(2)  state all the benefits that are to be derived from the plan.(b)  The application must indicate that the planned disposition is consistent with the ward's intentions, if the ward's intentions can be ascertained.  If the ward's intentions cannot be ascertained, the ward will be presumed to favor reduction in the incidence of the various forms of taxation, the qualification for government benefits, and the partial distribution of the ward's estate as provided by Sections 1162.001 and 1162.004.(c)  A subsequent modification of an approved plan may be made by similar application to the court.|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. 6.051, eff. January 1, 2014.|
TX Est Code § 1162.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1162 - Tax-Motivated, Charitable, Nonprofit, and Other Gifts|Subchapter A. Certain Gifts and Transfers|Section 1162.003. Notice of Application for Establishment of Estate or Other Transfer Plan

Sec. 1162.003.  NOTICE OF APPLICATION FOR ESTABLISHMENT OF ESTATE OR OTHER TRANSFER PLAN.  A person who makes an application to the court under Section 1162.001 shall mail notice of the application by certified mail to:(1)  all devisees under a will, trust, or other beneficial instrument relating to the ward's estate;(2)  the ward's spouse;(3)  the ward's dependents; and(4)  any other person as directed by the court.|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. 6.052, eff. January 1, 2014.|
TX Est Code § 1162.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1162 - Tax-Motivated, Charitable, Nonprofit, and Other Gifts|Subchapter A. Certain Gifts and Transfers|Section 1162.004. Authority to Make Periodic Gifts

Sec. 1162.004.  AUTHORITY TO MAKE PERIODIC GIFTS.  (a)  In an order entered under Section 1162.001, the court may authorize the guardian to make, without subsequent application to or order of the court, gifts as provided by that section on an annual or other periodic basis if the court finds it to be in the best interest of the ward and the ward's estate.(b)  The court, on the court's own motion or on the motion of a person interested in the welfare of the ward, may modify or set aside an order entered under Subsection (a) if the court finds that the ward's financial condition has changed in such a manner that authorizing the guardian to make gifts of the estate on a continuing basis is no longer in the best interest of the ward and the ward's estate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1162.005 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1162 - Tax-Motivated, Charitable, Nonprofit, and Other Gifts|Subchapter A. Certain Gifts and Transfers|Section 1162.005. Application for Inspection of Certain Documents

Sec. 1162.005.  APPLICATION FOR INSPECTION OF CERTAIN DOCUMENTS. (a) On the filing of an application under Section 1162.001 and for the purpose of establishing an estate plan under that section, the guardian of the ward's estate may apply to the court for an order to seek an in camera inspection of a copy of a will, codicil, trust, or other estate planning instrument of the ward as a means of obtaining access to the instrument.(b)  An application filed under this section must:(1)  be sworn to by the guardian;(2)  list each instrument requested for inspection; and(3)  state one or more reasons supporting the necessity to inspect each requested instrument for the purpose described by Subsection (a).|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1162.006 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1162 - Tax-Motivated, Charitable, Nonprofit, and Other Gifts|Subchapter A. Certain Gifts and Transfers|Section 1162.006. Notice of Application for Inspection

Sec. 1162.006.  NOTICE OF APPLICATION FOR INSPECTION. (a) A person who files an application under Section 1162.005 shall send a copy of the application to:(1)  each person who has custody of an instrument listed in the application;(2)  the ward's spouse;(3)  the ward's dependents;(4)  all devisees under a will, trust, or other beneficial instrument relating to the ward's estate; and(5)  any other person as directed by the court.(b)  Notice required by Subsection (a) must be delivered by:(1)  registered or certified mail to a person described by Subsection (a)(1); and(2)  certified mail to a person described by Subsection (a)(2), (3), (4), or (5).|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1162.007 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1162 - Tax-Motivated, Charitable, Nonprofit, and Other Gifts|Subchapter A. Certain Gifts and Transfers|Section 1162.007. Hearing on Application for Inspection; Inspection

Sec. 1162.007.  HEARING ON APPLICATION FOR INSPECTION; INSPECTION.  (a)  After the 10th day after the date on which the applicant complies with the notice requirement under Section 1162.006, the applicant may request that a hearing be held on the application.  Notice of the date, time, and place of the hearing must be given by the applicant to each person described by Section 1162.006(a)(1) when the court sets a date for a hearing on the application.(b)  After the conclusion of a hearing on the application for inspection and on a finding that good cause exists for an in camera inspection of a requested instrument, the court shall direct the person that has custody of the requested will, codicil, trust, or other estate planning instrument to deliver a copy of the instrument to the court for in camera inspection only.  After conducting an in camera inspection of the instrument, the court, if good cause exists, shall release all or part of the instrument to the applicant only for the purpose described by Section 1162.005(a).(c)  An attorney does not violate the attorney-client privilege solely by complying with a court order to release an instrument subject to this section and Sections 1162.005 and 1162.006.  Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this subsection.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1162.008 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1162 - Tax-Motivated, Charitable, Nonprofit, and Other Gifts|Subchapter A. Certain Gifts and Transfers|Section 1162.008. Guardian Ad Litem

Sec. 1162.008.  GUARDIAN AD LITEM. The court may appoint a guardian ad litem for the ward or an interested party at any stage of proceedings under this subchapter if it is considered advisable for the protection of the ward or the interested party.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1162.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1162 - Tax-Motivated, Charitable, Nonprofit, and Other Gifts|Subchapter B. Charitable and Nonprofit Gifts|Section 1162.051. Application to Make Gift

Sec. 1162.051.  APPLICATION TO MAKE GIFT.  The guardian of the estate may at any time file with the county clerk the guardian's sworn, written application requesting from the court in which the guardianship is pending an order authorizing the guardian to contribute from the income of the ward's estate the specific amount of money stated in the application to one or more designated:(1)  corporations, trusts, or community chests, funds, or foundations, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes; or(2)  nonprofit federal, state, county, or municipal projects operated exclusively for public health or welfare.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1162.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1162 - Tax-Motivated, Charitable, Nonprofit, and Other Gifts|Subchapter B. Charitable and Nonprofit Gifts|Section 1162.052. Hearing on Application to Make Gift

Sec. 1162.052.  HEARING ON APPLICATION TO MAKE GIFT.  (a)  The county clerk shall immediately call the filing of an application under Section 1162.051 to the attention of the judge of the court.(b)  The judge shall designate, by written order filed with the clerk, a day to hear the application.  The application must remain on file for at least 10 days before the hearing is held.(c)  The judge may postpone or continue the hearing from time to time until the judge is satisfied concerning the application.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1162.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1162 - Tax-Motivated, Charitable, Nonprofit, and Other Gifts|Subchapter B. Charitable and Nonprofit Gifts|Section 1162.053. Order Authorizing Gift

Sec. 1162.053.  ORDER AUTHORIZING GIFT.  On the conclusion of a hearing under Section 1162.052, the court may enter an order authorizing the guardian to make a contribution from the income of the ward's estate to a particular donee designated in the application and order if the court is satisfied and finds from the evidence that:(1)  the amount of the proposed contribution stated in the application will probably not exceed 20 percent of the net income of the ward's estate for the current calendar year;(2)  the net income of the ward's estate for the current calendar year exceeds, or probably will exceed, $25,000;(3)  the full amount of the contribution, if made, will probably be deductible from the ward's gross income in determining the net income of the ward under applicable federal income tax laws and rules;(4)  the condition of the ward's estate justifies a contribution in the proposed amount; and(5)  the proposed contribution is reasonable in amount and is for a worthy cause.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1163.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1163 - Annual Account and Other Exhibits and Reports|Subchapter A. Annual Account and Other Exhibits by Guardian of the Estate|Section 1163.001. Initial Annual Account of Estate

Sec. 1163.001.  INITIAL ANNUAL ACCOUNT OF ESTATE.  (a)  Not later than the 60th day after the first anniversary of the date the guardian of the estate of a ward qualifies, unless the court extends that period, the guardian shall file with the court an account consisting of a written exhibit made under oath that:(1)  lists all claims against the estate presented to the guardian during the period covered by the account; and(2)  specifies:(A)  which claims have been:(i)  allowed by the guardian;(ii)  paid by the guardian; or(iii)  rejected by the guardian and the date the claims were rejected; and(B)  which claims have been the subject of a lawsuit and the status of that lawsuit.(b)  The account must:(1)  show all property that has come to the guardian's knowledge or into the guardian's possession that was not previously listed or inventoried as the ward's property;(2)  show any change in the ward's property that was not previously reported;(3)  provide a complete account of receipts and disbursements for the period covered by the account, including the source and nature of the receipts and disbursements, with separate listings for principal and income receipts;(4)  provide a complete, accurate, and detailed description of:(A)  the property being administered;(B)  the condition of the property and the use being made of the property; and(C)  if rented, the terms on which and the price for which the property was rented;(5)  show the cash balance on hand and the name and location of the depository where the balance is kept;(6)  show any other cash held in a savings account or other manner that was deposited subject to court order and the name and location of the depository for that cash; and(7)  provide a detailed description of the personal property of the estate that shows how and where the property is held for safekeeping.(c)  For bonds, notes, and other securities, the description required by Subsection (b)(7) must include:(1)  the names of the obligor and obligee or, if payable to bearer, a statement that the bond, note, or other security is payable to bearer;(2)  the date of issue and maturity;(3)  the interest rate;(4)  the serial number or other identifying numbers;(5)  the manner in which the property is secured; and(6)  other information necessary to fully identify the bond, note, or other security.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1163.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1163 - Annual Account and Other Exhibits and Reports|Subchapter A. Annual Account and Other Exhibits by Guardian of the Estate|Section 1163.002. Annual Account Required Until Estate Closed

Sec. 1163.002.  ANNUAL ACCOUNT REQUIRED UNTIL ESTATE CLOSED.  (a)  A guardian of the estate shall file an annual account conforming to the essential requirements of Section 1163.001 regarding changes in the estate assets occurring since the date the most recent previous account was filed.(b)  The annual account must be filed in a manner that allows the court or an interested person to ascertain the true condition of the estate, with respect to money, securities, and other property, by adding to the balances forwarded from the most recent previous account the amounts received during the period covered by the account and subtracting the disbursements made during that period.(c)  The description of property sufficiently described in an inventory or previous account may be made in the annual account by reference to the property.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|