reglab/housing_qa huggingface dataset:
TX Est Code § 1353.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1353 - Management and Control of Incapacitated Spouse's Property|Subchapter A. Appointment of Community Administrator or Guardian of the Estate|Section 1353.004. Appointment of Guardian of the Estate Under Certain Circumstances

Sec. 1353.004.  APPOINTMENT OF GUARDIAN OF THE ESTATE UNDER CERTAIN CIRCUMSTANCES.  (a)  This section applies only if:(1)  a spouse who is not incapacitated is removed as community administrator; or(2)  the court finds that the spouse who is not incapacitated:(A)  would be disqualified to serve as guardian under Subchapter H, Chapter 1104; or(B)  is not suitable to serve as the community administrator for any other reason.(b)  The court shall appoint a guardian of the estate for the incapacitated spouse if the court:(1)  has not appointed a guardian of the estate under Section 1353.003(a); or(2)  has appointed the spouse who is not incapacitated as the guardian of the estate under Section 1353.003(a).(c)  After considering the financial circumstances of the spouses and any other relevant factors, the court may order the spouse who is not incapacitated to deliver to the guardian of the estate of the incapacitated spouse not more than one-half of the community property that is subject to the spouses' joint management, control, and disposition under Section 3.102, Family Code.(d)  The court shall authorize the guardian of the estate of the incapacitated spouse to administer:(1)  any separate property of the incapacitated spouse;(2)  any community property that is subject to the incapacitated spouse's sole management, control, and disposition under Section 3.102, Family Code;(3)  any community property delivered to the guardian of the estate under Subsection (c); and(4)  any income earned on property described by this section.(e)  Community property administered by a guardian of the estate under Subsection (d) is considered the incapacitated spouse's community property, subject to the incapacitated spouse's sole management, control, and disposition under Section 3.102, Family Code.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1353.005 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1353 - Management and Control of Incapacitated Spouse's Property|Subchapter A. Appointment of Community Administrator or Guardian of the Estate|Section 1353.005. Administration of Certain Property by Non-Incapacitated Spouse

Sec. 1353.005.  ADMINISTRATION OF CERTAIN PROPERTY BY NON-INCAPACITATED SPOUSE.  (a)  On a person's removal as community administrator or on qualification of a guardian of the estate of the person's incapacitated spouse under Section 1353.004, as appropriate, a spouse who is not incapacitated shall continue to administer:(1)  the person's own separate property;(2)  any community property that is subject to the person's sole management, control, and disposition under Section 3.102, Family Code;(3)  either:(A)  any community property subject to the spouses' joint management, control, and disposition under Section 3.102, Family Code; or(B)  if the person is required to deliver a portion of that community property described by Paragraph (A) to the guardian of the estate of the person's incapacitated spouse under Section 1353.004(c), only the portion of the community property remaining after delivery; and(4)  any income earned on property described by this section the person is authorized to administer.(b)  Community property administered under this section by a spouse who is not incapacitated is considered that spouse's community property, subject to that spouse's sole management, control, and disposition under Section 3.102, Family Code.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1353.006 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1353 - Management and Control of Incapacitated Spouse's Property|Subchapter A. Appointment of Community Administrator or Guardian of the Estate|Section 1353.006. Effect of Court Order on Creditors' Claims

Sec. 1353.006.  EFFECT OF COURT ORDER ON CREDITORS' CLAIMS.  A court order that directs the administration of community property under Section 1353.004 or 1353.005 does not affect the enforceability of a creditor's claim existing on the date the court renders the order.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1353.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1353 - Management and Control of Incapacitated Spouse's Property|Subchapter B. Duties of Community Administrators and Guardians of the Estate|Section 1353.051. Inventory and Appraisement by Community Administrator

Sec. 1353.051.  INVENTORY AND APPRAISEMENT BY COMMUNITY ADMINISTRATOR.  (a)  On its own motion or on the motion of an interested person for good cause shown, the court may order a community administrator to file a verified, full, and detailed inventory and appraisement of:(1)  any community property that is subject to the incapacitated spouse's sole management, control, and disposition under Section 3.102, Family Code;(2)  any community property subject to the spouses' joint management, control, and disposition under Section 3.102, Family Code; and(3)  any income earned on property described by this subsection.(b)  An inventory and appraisement ordered under this section must be:(1)  prepared in the same form and manner that is required of a guardian under Section 1154.051; and(2)  filed not later than the 90th day after the date the order is issued.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1353.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1353 - Management and Control of Incapacitated Spouse's Property|Subchapter B. Duties of Community Administrators and Guardians of the Estate|Section 1353.052. Account by Community Administrator

Sec. 1353.052.  ACCOUNT BY COMMUNITY ADMINISTRATOR.  (a)  At any time after the expiration of 15 months after the date a community administrator's spouse is judicially declared to be incapacitated, the court, on its own motion or on the motion of an interested person for good cause shown, may order the community administrator to prepare and file an account of:(1)  any community property that is subject to the incapacitated spouse's sole management, control, and disposition under Section 3.102, Family Code;(2)  any community property subject to the spouses' joint management, control, and disposition under Section 3.102, Family Code; and(3)  any income earned on property described by this subsection.(b)  An account ordered under Subsection (a) must be:(1)  prepared in the same form and manner that is required of a guardian under Subchapter A, Chapter 1163, except that the community administrator is not required to file the account annually with the county clerk; and(2)  filed not later than the 60th day after the date the order is issued.(c)  After an initial account has been filed by a community administrator under this section, the court, on the motion of an interested person for good cause shown, may order the community administrator to file subsequent periodic accounts at intervals of not less than 12 months.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1353.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1353 - Management and Control of Incapacitated Spouse's Property|Subchapter B. Duties of Community Administrators and Guardians of the Estate|Section 1353.053. Disclosure of Certain Lawsuits to the Court by Community Administrator

Sec. 1353.053.  DISCLOSURE OF CERTAIN LAWSUITS TO THE COURT BY COMMUNITY ADMINISTRATOR.  A person whose spouse is judicially declared to be incapacitated and who acquires the power to manage, control, and dispose of the entire community estate under Section 1353.002(a) shall inform the court in writing of any suit filed by or on behalf of the person that:(1)  is a suit for dissolution of the marriage of the person and the person's incapacitated spouse; or(2)  names the incapacitated spouse as a defendant.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1353.054 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1353 - Management and Control of Incapacitated Spouse's Property|Subchapter B. Duties of Community Administrators and Guardians of the Estate|Section 1353.054. Delivery of Community Property by Guardian of the Estate to Community Administrator

Sec. 1353.054.  DELIVERY OF COMMUNITY PROPERTY BY GUARDIAN OF THE ESTATE TO COMMUNITY ADMINISTRATOR.  A guardian of the estate of an incapacitated married person who, as guardian, is administering community property as part of the ward's estate, shall deliver on demand the community property to the spouse who is not incapacitated if the spouse becomes community administrator under Section 1353.002(a).|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1353.101 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1353 - Management and Control of Incapacitated Spouse's Property|Subchapter C. Removal or Termination of Powers of Community Administrator|Section 1353.101. Grounds for Removal of Community Administrator

Sec. 1353.101.  GROUNDS FOR REMOVAL OF COMMUNITY ADMINISTRATOR.  A court may remove a community administrator if:(1)  the community administrator fails to comply with a court order for:(A)  an inventory and appraisement under Section 1353.051; or(B)  an account or subsequent account under Section 1353.052;(2)  sufficient grounds appear to support belief that the community administrator has misapplied or embezzled, or is about to misapply or embezzle, all or part of the property committed to the community administrator's care;(3)  the community administrator is proved to have been guilty of gross misconduct or gross mismanagement in the performance of duties as community administrator; or(4)  the community administrator:(A)  becomes an incapacitated person;(B)  is sentenced to the penitentiary; or(C)  for any other reason becomes legally incapacitated from properly performing the community administrator's fiduciary duties.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1353.102 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1353 - Management and Control of Incapacitated Spouse's Property|Subchapter C. Removal or Termination of Powers of Community Administrator|Section 1353.102. Procedure for Removal of Community Administrator

Sec. 1353.102.  PROCEDURE FOR REMOVAL OF COMMUNITY ADMINISTRATOR.  (a)  A court may remove a community administrator on the court's own motion or on the motion of an interested person, after the community administrator has been cited by personal service to answer at a time and place specified in the notice.(b)  The removal order must:(1)  state the cause of removal; and(2)  direct the disposition of the assets remaining in the name or under the control of the removed community administrator.(c)  A community administrator who defends an action for the removal of the community administrator in good faith, regardless of whether successful, is entitled to recover from the incapacitated spouse's part of the community estate the community administrator's necessary expenses and disbursements in the removal proceedings, including reasonable attorney's fees.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1353.103 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1353 - Management and Control of Incapacitated Spouse's Property|Subchapter C. Removal or Termination of Powers of Community Administrator|Section 1353.103. Termination of Community Administrator's Powers on Recovery of Capacity

Sec. 1353.103.  TERMINATION OF COMMUNITY ADMINISTRATOR'S POWERS ON RECOVERY OF CAPACITY.  The special powers of management, control, and disposition vested in the community administrator by this title terminate when a court of competent jurisdiction by decree finds that the mental capacity of the incapacitated spouse has been recovered.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1353.151 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1353 - Management and Control of Incapacitated Spouse's Property|Subchapter D. Appointment of Attorney Ad Litem|Section 1353.151. Appointment of Attorney Ad Litem for Incapacitated Spouse

Sec. 1353.151.  APPOINTMENT OF ATTORNEY AD LITEM FOR INCAPACITATED SPOUSE.  (a)  The court shall appoint an attorney ad litem to represent the interests of an incapacitated spouse in a proceeding to remove a community administrator or other proceeding brought under this chapter.(b)  The attorney ad litem may demand from the community administrator an account or inventory and appraisement of the incapacitated spouse's part of the community estate being managed by the community administrator.(c)  A community administrator shall comply with a demand made under this section not later than the 60th day after the date the community administrator receives the demand.(d)  An account or inventory and appraisement returned under this section must be prepared in the form and manner required by the attorney ad litem.  The attorney ad litem may require the community administrator to file the account or inventory and appraisement with 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 § 1355.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1355 - Payment of Certain Claims Without Guardianship|Subchapter A. Payment of Claims to Certain Incapacitated|Section 1355.001. Payment of Claims to Resident Creditor

Sec. 1355.001.  PAYMENT OF CLAIMS TO RESIDENT CREDITOR.  (a)  In this section, "resident creditor" means a person who:(1)  is a resident of this state; and(2)  is entitled to money in an amount that is $100,000 or less, the right to which is liquidated and is uncontested in any pending lawsuit.(b)  This section applies only to a resident creditor who:(1)  is an incapacitated person or the former ward of a guardianship terminated under Chapter 1204; and(2)  does not have a legal guardian of the creditor's estate.(c)  A debtor who owes money to a resident creditor to whom this section applies may pay the money to the county clerk of the county in which the creditor resides to the account of the creditor.  When making a payment under this subsection, a debtor shall give to the clerk:(1)  the creditor's name;(2)  the creditor's social security identification number;(3)  the nature of the creditor's disability;(4)  the creditor's post office address; and(5)  if the creditor is a minor, the creditor's age.(d)  The receipt for the money signed by the county clerk is binding on the resident creditor as of the date of receipt and to the extent of the payment.(e)  The county clerk shall:(1)  by letter mailed to the address given under Subsection (c)(4), apprise the resident creditor that the deposit was made; and(2)  on receipt of the payment, bring the payment to the court's attention.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1355.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1355 - Payment of Certain Claims Without Guardianship|Subchapter A. Payment of Claims to Certain Incapacitated|Section 1355.002. Payment of Claims to Nonresident Creditor

Sec. 1355.002.  PAYMENT OF CLAIMS TO NONRESIDENT CREDITOR.  (a)  In this section, "creditor" means a person who is entitled to money in an amount that is not more than $100,000 owing as a result of transactions in this state, the right to which is liquidated and is uncontested in any pending lawsuit in this state.(b)  This section applies only to a nonresident creditor who is:(1)  a nonresident minor and has a nonresident guardian of the estate appointed by a foreign court;(2)  a nonresident person who is adjudged by a foreign court to be incapacitated and has a nonresident guardian of the estate appointed by that court; or(3)  the nonresident former ward of a guardianship terminated under Chapter 1204 who has no legal guardian qualified in this state.(c)  A debtor in this state who owes money to a nonresident creditor to whom this section applies may pay the money:(1)  to the creditor's guardian of the estate qualified in the domiciliary jurisdiction; or(2)  to the county clerk of:(A)  any county in this state in which real property owned by the creditor is located; or(B)  if the creditor is not known to own real property in this state, the county in which the debtor resides.(d)  A payment made under this section is for the nonresident creditor's account and for the nonresident creditor's use and benefit.(e)  A receipt for payment signed by the county clerk is binding on the nonresident creditor as of the date and to the extent of payment if the receipt states:(1)  the creditor's name; and(2)  the creditor's post office address, if the address is known.(f)  A county clerk who receives a payment under Subsection (c) for a nonresident creditor shall handle the money in the same manner as provided for a payment to the account of a resident creditor under Sections 1355.001, 1355.051, 1355.052, 1355.102, 1355.103, and 1355.104.  Those sections apply to the handling and disposition of money or any increase, dividend, or income paid to the clerk for the use, benefit, and account of the nonresident creditor to whom this section applies.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 64, eff. September 1, 2021.|
TX Est Code § 1355.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1355 - Payment of Certain Claims Without Guardianship|Subchapter B. Administration of Money|Section 1355.051. Investment of Money by Clerk

Sec. 1355.051.  INVESTMENT OF MONEY BY CLERK.  (a)  On receipt of a payment under Section 1355.001, the county clerk shall invest the money as authorized under this title under court order in the name and for the account of the minor or other person entitled to the money.(b)  The county clerk shall credit any increase, dividend, or income from an investment made under this chapter to the account of the minor or other person entitled to the investment.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1355.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1355 - Payment of Certain Claims Without Guardianship|Subchapter B. Administration of Money|Section 1355.052. Annual Report

Sec. 1355.052.  ANNUAL REPORT.  Not later than March 1 of each year, the court clerk shall make a written report to the court of the status of an investment made by the county clerk under Section 1355.051.  The report must contain:(1)  the amount of the original investment or the value of the investment at the last annual report, whichever is later;(2)  any increase, dividend, or income from the investment since the last annual report;(3)  the total amount of the investment and all increases, dividends, or income at the date of the report; and(4)  the name of the depository or the type of investment.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1355.101 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1355 - Payment of Certain Claims Without Guardianship|Subchapter C. Withdrawal of Money|Section 1355.101. Applicability of Subchapter

Sec. 1355.101.  APPLICABILITY OF SUBCHAPTER.  Except as provided by Section 1355.105, this subchapter applies only to a resident creditor to whom Section 1355.001 applies.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1355.102 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1355 - Payment of Certain Claims Without Guardianship|Subchapter C. Withdrawal of Money|Section 1355.102. Custodian of Resident Creditor

Sec. 1355.102.  CUSTODIAN OF RESIDENT CREDITOR.  (a)  The following may serve as custodian of a resident creditor under this section:(1)  a parent of the creditor;(2)  the unestranged spouse of the creditor; or(3)  if there is no spouse and both of the creditor's parents are dead or nonresidents of this state, the person who:(A)  resides in this state; and(B)  has actual custody of the creditor.(b)  An unestranged spouse residing in this state shall be given priority over a creditor's parent to serve as custodian under this subchapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1355.103 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1355 - Payment of Certain Claims Without Guardianship|Subchapter C. Withdrawal of Money|Section 1355.103. Withdrawal of Money by Custodian; Bond

Sec. 1355.103.  WITHDRAWAL OF MONEY BY CUSTODIAN; BOND.  (a)  A resident creditor's custodian may withdraw the money from the court clerk for the creditor's use and benefit if the custodian files with the clerk:(1)  a written application; and(2)  a bond approved by the county judge.(b)  A custodian's bond must be:(1)  twice the amount of the money to be withdrawn by the custodian;(2)  payable to the judge or the judge's successors in office; and(3)  conditioned that the custodian will:(A)  use the money for the resident creditor's benefit under the court's direction; and(B)  when legally required, faithfully account to the resident creditor and the creditor's heirs or legal representatives for the money and any increase to the money on:(i)  the removal of the creditor's disability;(ii)  the creditor's death; or(iii)  the appointment of a guardian for the creditor.(c)  A custodian may not receive a fee or commission for taking care of, handling, or spending money withdrawn by the custodian.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|