reglab/housing_qa huggingface dataset:
TX Est Code § 1155.103 (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 1155.103. Expense Charges: Requirements

Sec. 1155.103.  EXPENSE CHARGES: REQUIREMENTS.  All expense charges shall be:(1)  in writing, showing specifically each item of expense and the date of the expense;(2)  verified by affidavit of the guardian;(3)  filed with the clerk; and(4)  paid only if the payment is authorized by 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 § 1155.152 (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 D. Costs in General|Section 1155.152. Certain Costs Adjudged Against Guardian

Sec. 1155.152.  CERTAIN COSTS ADJUDGED AGAINST GUARDIAN.  If costs are incurred because a guardian neglects to perform a required duty or is removed for cause, the guardian and the sureties on the guardian's bond are liable for:(1)  any costs of removal and other additional costs incurred that are not expenditures authorized under this title; and(2)  reasonable attorney's fees incurred in:(A)  removing the guardian; or(B)  obtaining compliance regarding any statutory duty the guardian has neglected.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1155.201 (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 E. Compensation and Costs in Guardianships for Certain Medical Assistance Recipients|Section 1155.201. Definitions

Sec. 1155.201.  DEFINITIONS.  In this subchapter:(1)  "Applied income" means the portion of the earned and unearned income of a recipient of medical assistance, or if applicable the recipient and the recipient's spouse, that is paid under the medical assistance program to an institution or long-term care facility in which the recipient resides.(2)  "Medical assistance" has the meaning assigned by Section 32.003, Human Resources Code.|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. 6.046, eff. January 1, 2014.|
TX Est Code § 1155.202 (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 E. Compensation and Costs in Guardianships for Certain Medical Assistance Recipients|Section 1155.202. Compensation and Costs Payable Under Medical Assistance Program

Sec. 1155.202.  COMPENSATION AND COSTS PAYABLE UNDER MEDICAL ASSISTANCE PROGRAM.  (a)  Notwithstanding any other provision of this title and to the extent permitted by federal law, a court that appoints a guardian for a recipient of medical assistance who has applied income may order the following to be deducted as an additional personal needs allowance in the computation of the recipient's applied income in accordance with Section 32.02451, Human Resources Code:(1)  compensation to the guardian in an amount not to exceed $250 per month;(2)  costs directly related to establishing or terminating the guardianship, not to exceed $1,000 except as provided by Subsection (b); and(3)  other administrative costs related to the guardianship, not to exceed $1,000 during any three-year period.(b)  Costs ordered to be deducted under Subsection (a)(2) may include compensation and expenses for an attorney ad litem or guardian ad litem and reasonable attorney's fees for an attorney representing the guardian.  The costs ordered to be paid may exceed $1,000 if the costs in excess of that amount are supported by documentation acceptable to the court and the costs are approved by the court.(c)  A court may not order:(1)  that the deduction for compensation and costs under Subsection (a) take effect before the later of:(A)  the month in which the court order issued under that subsection is signed; or(B)  the first month of medical assistance eligibility for which the recipient is subject to a copayment; or(2)  a deduction for services provided before the effective date of the deduction as provided by Subdivision (1).|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. 6.047, eff. January 1, 2014.Acts 2019, 86th Leg., R.S., Ch. 404 (S.B. 1784), Sec. 1, eff. June 2, 2019.|
TX Est Code § 1156.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1156 - Education and Maintenance Allowances Paid From Ward's Estate|Subchapter A. Allowances for Ward|Section 1156.001. Application for Allowance

Sec. 1156.001.  APPLICATION FOR ALLOWANCE.  (a)  Subject to Section 1156.051, if a monthly allowance for a ward was not ordered in the court's order appointing a guardian, the guardian of the estate of the ward shall file with the court an application requesting a monthly allowance to be spent from the income and corpus of the ward's estate for:(1)  the education and maintenance of the ward; and(2)  the maintenance of the ward's property.(b)  The guardian must file the application not later than the 30th day after the date the guardian qualifies as guardian or the date specified by the court, whichever is later.(c)  The application must clearly separate amounts requested for the ward's education and maintenance from amounts requested for maintenance of the ward's property.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1156.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1156 - Education and Maintenance Allowances Paid From Ward's Estate|Subchapter A. Allowances for Ward|Section 1156.002. Court Determination of Allowance Amount

Sec. 1156.002.  COURT DETERMINATION OF ALLOWANCE AMOUNT.  In determining the amount of the monthly allowance for the ward and the ward's property, the court shall consider the condition of the estate and the income and corpus of the estate necessary to pay the reasonably anticipated regular education and maintenance expenses of the ward and maintenance expenses of the ward's property.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1156.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1156 - Education and Maintenance Allowances Paid From Ward's Estate|Subchapter A. Allowances for Ward|Section 1156.003. Court Order Setting Allowance

Sec. 1156.003.  COURT ORDER SETTING ALLOWANCE.  (a)  The court's order setting a monthly allowance must specify the types of expenditures the guardian may make on a monthly basis for the ward or the ward's property.(b)  If different persons have the guardianship of the person and of the estate of a ward, the court's order setting a monthly allowance must specify:(1)  the amount, if any, set by the court for the ward's education and maintenance that the guardian of the estate shall pay; and(2)  the amount, if any, that the guardian of the estate shall pay to the guardian of the person, at a time specified by the court, for the ward's education and maintenance.(c)  If the guardian of the estate fails to pay to the guardian of the person the monthly allowance set by the court, the guardian of the estate shall be compelled by court order to make the payment after the guardian is cited to appear.(d)  An order setting a monthly allowance does not affect the guardian's duty to account for expenditures of the allowance in the annual account required by Subchapter A, Chapter 1163.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1156.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1156 - Education and Maintenance Allowances Paid From Ward's Estate|Subchapter A. Allowances for Ward|Section 1156.004. Expenditures Exceeding Allowance

Sec. 1156.004.  EXPENDITURES EXCEEDING ALLOWANCE.  If a guardian in good faith has spent money from the income and corpus of the estate of the ward for the ward's support and maintenance and the expenditures exceed the monthly allowance authorized by the court, the guardian shall file a motion with the court requesting approval of the expenditures.  The court may approve the excess expenditures if:(1)  the expenditures were made when it was not convenient or possible for the guardian to first secure court approval;(2)  the proof is clear and convincing that the expenditures were reasonable and proper;(3)  the court would have granted authority in advance to make the expenditures; and(4)  the ward received the benefits of the expenditures.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1156.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1156 - Education and Maintenance Allowances Paid From Ward's Estate|Subchapter B. Allowances for Ward's Family|Section 1156.051. Certain Allowances Prohibited When Parent Is Guardian of Minor Ward

Sec. 1156.051.  CERTAIN ALLOWANCES PROHIBITED WHEN PARENT IS GUARDIAN OF MINOR WARD. (a) Except as provided by Subsection (b), a parent who is the guardian of the person of a ward who is 17 years of age or younger may not use the income or the corpus from the ward's estate for the ward's support, education, or maintenance.(b)  A court with proper jurisdiction may authorize the guardian of the person to spend the income or the corpus from the ward's estate to support, educate, or maintain the ward if the guardian presents to the court clear and convincing evidence that the ward's parents are unable without unreasonable hardship to pay for all of the expenses related to the ward's support.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1156.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1156 - Education and Maintenance Allowances Paid From Ward's Estate|Subchapter B. Allowances for Ward's Family|Section 1156.052. Allowance for Ward's Spouse or Dependent

Sec. 1156.052.  ALLOWANCE FOR WARD'S SPOUSE OR DEPENDENT.  (a)  Subject to Section 1156.051 and on application to the court, the court may order the guardian of the estate of a ward to spend money from the ward's estate for the education and maintenance of the ward's spouse or dependent.(b)  In determining whether to order the expenditure of money from a ward's estate for the ward's spouse or dependent, as appropriate, under this section, the court shall consider:(1)  the circumstances of the ward, the ward's spouse, and the ward's dependents;(2)  the ability and duty of the ward's spouse to support himself or herself and the ward's dependent;(3)  the size of the ward's estate;(4)  a beneficial interest the ward or the ward's spouse or dependent has in a trust; and(5)  an existing estate plan, including a trust or will, that provides a benefit to the ward's spouse or dependent.(c)  A person who makes an application to the court under this section shall mail notice of the application by certified mail to all interested persons.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1157 - Presentment and Payment of Claims|Subchapter A. Presentment of Claims Against|Section 1157.001. Presentment of Claim to Guardian of the Estate

Sec. 1157.001.  PRESENTMENT OF CLAIM TO GUARDIAN OF THE ESTATE.  A claim may be presented to the guardian of the estate at any time if:(1)  the estate has not been closed; and(2)  suit on the claim has not been barred by the general statutes of limitation.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1157 - Presentment and Payment of Claims|Subchapter A. Presentment of Claims Against|Section 1157.002. Presentment of Claim to Clerk

Sec. 1157.002.  PRESENTMENT OF CLAIM TO CLERK.  (a)  A claim may also be presented by depositing the claim with the clerk with vouchers and the necessary exhibits and affidavit attached to the claim.  On receiving a claim deposited under this subsection, the clerk shall advise the guardian of the estate or the guardian's attorney of the deposit of the claim by a letter mailed to the guardian's last known address.(b)  A claim deposited under Subsection (a) is presumed to be rejected if the guardian fails to act on the claim on or before the 30th day after the date the claim is filed.(c)  Failure of the clerk to give the notice required under Subsection (a) does not affect the validity of the presentment or the presumption of rejection of the claim because the guardian does not act on the claim within the 30-day period prescribed by Subsection (b).|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1157 - Presentment and Payment of Claims|Subchapter A. Presentment of Claims Against|Section 1157.003. Inclusion of Attorney's Fees in Claim

Sec. 1157.003.  INCLUSION OF ATTORNEY'S FEES IN CLAIM.  If the instrument evidencing or supporting a claim provides for attorney's fees, the claimant may include as a part of the claim the portion of the attorney's fees the claimant has paid or contracted to pay to an attorney to prepare, present, and collect the claim.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1157 - Presentment and Payment of Claims|Subchapter A. Presentment of Claims Against|Section 1157.004. Affidavit Authenticating Claim for Money in General

Sec. 1157.004.  AFFIDAVIT AUTHENTICATING CLAIM FOR MONEY IN GENERAL.  (a)  Except as provided by Sections 1157.005 and 1157.102, a claim for money against an estate must be supported by an affidavit that states:(1)  that the claim is just;(2)  that all legal offsets, payments, and credits known to the affiant have been allowed; and(3)  if the claim is not founded on a written instrument or account, the facts on which the claim is founded.(b)  A photostatic copy of an exhibit or voucher necessary to prove a claim under this section may be offered with and attached to the claim instead of attaching the original.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.005 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1157 - Presentment and Payment of Claims|Subchapter A. Presentment of Claims Against|Section 1157.005. Affidavit Authenticating Claim of Corporation or by Certain Other Representatives

Sec. 1157.005.  AFFIDAVIT AUTHENTICATING CLAIM OF CORPORATION OR BY CERTAIN OTHER REPRESENTATIVES.  (a)  The cashier, treasurer, or managing official of a corporation shall make the affidavit required to authenticate a claim of the corporation.(b)  In an affidavit made by an officer of a corporation, or by an executor, administrator, guardian, trustee, assignee, agent, or attorney, it is sufficient to state that the affiant has made diligent inquiry and examination and believes the claim is just and that all legal offsets, payments, and credits made known to the affiant have been allowed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.006 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1157 - Presentment and Payment of Claims|Subchapter A. Presentment of Claims Against|Section 1157.006. Lost or Destroyed Evidence Concerning Claim

Sec. 1157.006.  LOST OR DESTROYED EVIDENCE CONCERNING CLAIM.  If evidence of a claim is lost or destroyed, the claimant or the claimant's representative may make an affidavit to the fact of the loss or destruction.  The affidavit must state:(1)  the amount, date, and nature of the claim;(2)  the due date of the claim;(3)  that the claim is just;(4)  that all legal offsets, payments, and credits known to the affiant have been allowed; and(5)  that the claimant is still the owner of the claim.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.007 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1157 - Presentment and Payment of Claims|Subchapter A. Presentment of Claims Against|Section 1157.007. Waiver of Certain Defects of Form or Claims of Insufficiency

Sec. 1157.007.  WAIVER OF CERTAIN DEFECTS OF FORM OR CLAIMS OF INSUFFICIENCY.  A defect of form or a claim of insufficiency of a presented exhibit or voucher is considered waived by the guardian of the estate unless a written objection to the form, exhibit, or voucher is:(1)  made not later than the 30th day after the date the claim is presented; and(2)  filed with the county clerk.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.008 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1157 - Presentment and Payment of Claims|Subchapter A. Presentment of Claims Against|Section 1157.008. Effect on Statutes of Limitation of Filing of or Suit on Claim

Sec. 1157.008.  EFFECT ON STATUTES OF LIMITATION OF FILING OF OR SUIT ON CLAIM.  The general statutes of limitation are tolled by:(1)  filing a claim that is legally allowed and approved; or(2)  bringing a suit on a rejected and disapproved claim not later than the 90th day after the date the claim is rejected or disapproved.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1157 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 1157.051. Allowance or Rejection of Claim

Sec. 1157.051.  ALLOWANCE OR REJECTION OF CLAIM.  A guardian of the estate shall, not later than the 30th day after the date an authenticated claim against the guardianship estate is presented to the guardian or filed with the clerk as provided by this chapter, endorse on or attach to the claim a memorandum signed by the guardian stating:(1)  the date of presentation or filing of the claim; and(2)  whether the guardian allows or rejects the claim, or, if the guardian allows or rejects a part of the claim, the portion of the claim the guardian allows or rejects.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1157 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 1157.052. Failure to Endorse or Attach Memorandum or Allow or Reject Claim

Sec. 1157.052.  FAILURE TO ENDORSE OR ATTACH MEMORANDUM OR ALLOW OR REJECT CLAIM.  The failure of a guardian of the estate to endorse on or attach to a claim presented to the guardian the memorandum required by Section 1157.051 or, not later than the 30th day after the date a claim is presented, to allow or reject the claim or portion of the claim constitutes a rejection of the claim.  If the claim is later established by suit:(1)  the costs shall be taxed against the guardian, individually; or(2)  the guardian may be removed as in other cases of removal on the written complaint of any person interested in the claim after personal service of citation, hearing, and proof.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1157 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 1157.053. Claim Entered on Claim Docket

Sec. 1157.053.  CLAIM ENTERED ON CLAIM DOCKET.  After a claim against a ward's estate has been presented to and allowed by the guardian of the estate, wholly or partly, the claim must be filed with the county clerk of the proper county.  The clerk shall enter the claim on the claim docket.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.054 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1157 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 1157.054. Contest of Claim

Sec. 1157.054.  CONTEST OF CLAIM.  (a)  A person interested in a ward may, at any time before the court has acted on a claim, appear and object in writing to the approval of the claim or any part of the claim.(b)  If a person objects under Subsection (a):(1)  the parties are entitled to process for witnesses; and(2)  the court shall hear evidence and render judgment as in ordinary suits.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.055 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1157 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 1157.055. Court's Action on Claim

Sec. 1157.055.  COURT'S ACTION ON CLAIM.  The court shall:(1)  approve, wholly or partly, or reject a claim that has been allowed and entered on the claim docket for a period of 10 days; and(2)  concurrently classify the claim.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.056 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1157 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 1157.056. Hearing on Certain Claims

Sec. 1157.056.  HEARING ON CERTAIN CLAIMS.  (a)  If a claim is properly authenticated and allowed, but the court is not satisfied that the claim is just, the court shall:(1)  examine the claimant and the guardian of the estate under oath; and(2)  hear other evidence necessary to determine the issue.(b)  If after the examination and hearing the court is not convinced that the claim is just, the court shall disapprove the claim.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|