reglab/housing_qa huggingface dataset:
TX Est Code § 1157.057 (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 1157.057. Court Order Regarding Action on Claim

Sec. 1157.057.  COURT ORDER REGARDING ACTION ON CLAIM.  (a)  The court acting on a claim shall endorse on or attach to the claim a written memorandum that:(1)  is dated and officially signed; and(2)  states:(A)  the exact action taken by the court on the claim,  whether the claim is approved or disapproved, or is approved in part and rejected in part; and(B)  the classification of the claim.(b)  An order under Subsection (a) has the effect of a final judgment.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.058 (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 1157.058. Appeal of Court's Action on Claim

Sec. 1157.058.  APPEAL OF COURT'S ACTION ON CLAIM.  If a claimant or any person interested in a ward is dissatisfied with the court's action on a claim, the claimant or interested person may appeal the action to the court of appeals in the manner other judgments of the county court in probate matters are appealed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.059 (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 1157.059. Allowance and Approval Prohibited Without Affidavit

Sec. 1157.059.  ALLOWANCE AND APPROVAL PROHIBITED WITHOUT AFFIDAVIT.  Except as provided by Section 1157.102, a guardian of the estate may not allow, and the court may not approve, a claim for money against the estate unless the claim is supported by an affidavit that meets the applicable requirements of Sections 1157.004 and 1157.005.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.060 (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 1157.060. Unsecured Claims Barred Under Certain Circumstances

Sec. 1157.060.  UNSECURED CLAIMS BARRED UNDER CERTAIN CIRCUMSTANCES.  A claim of an unsecured creditor for money that is not presented within the time prescribed by the notice of presentment permitted by Section 1153.004 is barred.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.061 (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 1157.061. Allowing Barred Claim Prohibited; Court Disapproval

Sec. 1157.061.  ALLOWING BARRED CLAIM PROHIBITED; COURT DISAPPROVAL.  A guardian of the estate may not allow a claim against a ward if a suit on the claim is barred by an applicable general statute of limitation.  A claim against a ward that is allowed by the guardian shall be disapproved if the court is satisfied that the limitation has run.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.062 (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 1157.062. Certain Actions on Claims With Lost or Destroyed Evidence Void

Sec. 1157.062.  CERTAIN ACTIONS ON CLAIMS WITH LOST OR DESTROYED EVIDENCE VOID.  (a)  Before a claim the evidence for which is lost or destroyed is approved, the claim must be proved by disinterested testimony taken in open court or by oral or written deposition.(b)  The allowance or approval of a claim the evidence for which is lost or destroyed is void if the claim is:(1)  allowed or approved without the affidavit under Section 1157.006; or(2)  approved without satisfactory proof.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.063 (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 1157.063. Suit on Rejected Claim

Sec. 1157.063.  SUIT ON REJECTED CLAIM.  (a)  A claim or part of a claim that has been rejected by the guardian of the estate is barred unless not later than the 90th day after the date of rejection the claimant commences suit on the claim in the court of original probate jurisdiction in which the guardianship is pending or in any other court of proper jurisdiction.(b)  In a suit commenced on the rejected claim, the memorandum endorsed on or attached to the claim is taken to be true without further proof unless denied under oath.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.064 (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 1157.064. Presentment of Claim Prerequisite for Judgment

Sec. 1157.064.  PRESENTMENT OF CLAIM PREREQUISITE FOR JUDGMENT.  (a)  Except as provided by Subsection (b), a judgment may not be rendered in favor of a claimant on a claim for money that has not been:(1)  legally presented to the guardian of the estate of the ward; and(2)  wholly or partly rejected by the guardian or the court.(b)  Subsection (a) does not apply to a claim against the estate of a ward for delinquent ad valorem taxes that is being administered in probate in a county other than the county in which the taxes were imposed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.065 (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 1157.065. Judgment in Suit on Rejected Claim

Sec. 1157.065.  JUDGMENT IN SUIT ON REJECTED CLAIM.  No execution may issue on a rejected claim or part of a claim that is established by suit.  The judgment in the suit shall be:(1)  certified not later than the 30th day after the date of rendition, if the judgment is from a court other than the court of original probate jurisdiction;(2)  filed in the court in which the guardianship is pending;(3)  entered on the claim docket;(4)  classified by the court; and(5)  handled as if originally allowed and approved in due course of administration.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.101 (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 C. Payment of Claims, Allowances, and Expenses|Section 1157.101. Payment of Approved or Established Claim

Sec. 1157.101.  PAYMENT OF APPROVED OR ESTABLISHED CLAIM.  Except as provided for payment of an unauthenticated claim at the risk of a guardian, a claim or any part of a claim for money against the estate of a ward may not be paid until the claim or part of the claim has been approved by the court or established by the judgment of a court of competent jurisdiction.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.102 (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 C. Payment of Claims, Allowances, and Expenses|Section 1157.102. Payment of Unauthenticated Claim

Sec. 1157.102.  PAYMENT OF UNAUTHENTICATED CLAIM.  (a)  Subject to Subsection (b), a guardian of the estate may pay an unauthenticated claim against the ward's estate if the guardian believes the claim to be just.(b)  A guardian who pays a claim under Subsection (a) and the sureties on the guardian's bond are liable for the amount of any payment of the claim if the court finds that the claim is not just.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.103 (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 C. Payment of Claims, Allowances, and Expenses|Section 1157.103. Priority of Payment of Claims

Sec. 1157.103.  PRIORITY OF PAYMENT OF CLAIMS.  (a)  Except as provided by Subsection (b), the guardian of the estate shall pay a claim against the ward's estate that has been allowed and approved or established by suit, as soon as practicable and in the following order:(1)  expenses for the care, maintenance, and education of the ward or the ward's dependents;(2)  funeral expenses of the ward and expenses of the ward's last illness, if the guardianship is kept open after the ward's death as provided under this title, except that any claim against the ward's estate that has been allowed and approved or established by suit before the ward's death shall be paid before the funeral expenses and expenses of the last illness;(3)  expenses of administration; and(4)  other claims against the ward or the ward's estate.(b)  If the estate is insolvent, the guardian shall give first priority to the payment of a claim relating to the administration of the guardianship.  The guardian shall pay other claims against the ward's estate in the order prescribed 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 § 1157.104 (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 C. Payment of Claims, Allowances, and Expenses|Section 1157.104. Payment of Proceeds From Sale of Property Securing Debt

Sec. 1157.104.  PAYMENT OF PROCEEDS FROM SALE OF PROPERTY SECURING DEBT.  (a)  If a guardian of the estate has on hand the proceeds of a sale made to satisfy a mortgage or other lien and the proceeds or any part of the proceeds are not required for the payment of any debts against the estate that have a preference over the mortgage or other lien, the guardian shall pay the proceeds to a holder of the mortgage or other lien.(b)  If the guardian fails to pay the proceeds as required by this section, the holder of a mortgage or other lien, on proof of the mortgage or other lien, may obtain an order from the court directing the payment of proceeds to be made.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.105 (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 C. Payment of Claims, Allowances, and Expenses|Section 1157.105. Claimant's Petition for Allowance and Payment of Claim

Sec. 1157.105.  CLAIMANT'S PETITION FOR ALLOWANCE AND PAYMENT OF CLAIM.  A claimant whose claim has not been paid may:(1)  petition the court for determination of the claim at any time before the claim is barred by an applicable statute of limitations; and(2)  procure on due proof an order for the claim's allowance and payment from 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 § 1157.106 (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 C. Payment of Claims, Allowances, and Expenses|Section 1157.106. Payment When Assets Insufficient to Pay Certain Claims

Sec. 1157.106.  PAYMENT WHEN ASSETS INSUFFICIENT TO PAY CERTAIN CLAIMS.  (a)  If there are insufficient assets to pay all claims of the same class, the claims in that class shall be paid pro rata, as directed by the court, and in the order directed.(b)  A guardian of the estate may not be allowed to pay any claims other than with the pro rata amount of the estate funds that have come into the guardian's possession, regardless of whether the estate is solvent or insolvent.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.107 (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 C. Payment of Claims, Allowances, and Expenses|Section 1157.107. Payment of Court Costs Relating to Claim

Sec. 1157.107.  PAYMENT OF COURT COSTS RELATING TO CLAIM.  All costs incurred in the probate court with respect to a claim are taxed as follows:(1)  if the claim is allowed and approved, the guardianship estate shall pay the costs;(2)  if the claim is allowed but disapproved, the claimant shall pay the costs;(3)  if the claim is rejected but established by suit, the guardianship estate shall pay the costs;(4)  if the claim is rejected but not established by suit, the claimant shall pay the costs; or(5)  in a suit to establish the claim after the claim is rejected in part, if the claimant fails to recover judgment for a greater amount than was allowed or approved for the claim, the claimant shall pay all costs.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.108 (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 C. Payment of Claims, Allowances, and Expenses|Section 1157.108. Liability for Nonpayment of Claim

Sec. 1157.108.  LIABILITY FOR NONPAYMENT OF CLAIM.  (a)  A person or claimant, except the state treasury, entitled to payment from a guardianship estate of money the court orders to be paid is authorized to have execution issued against the property of the guardianship for the amount due, with interest and costs, if:(1)  a guardian of the estate fails to pay the money on demand;(2)  guardianship estate funds are available to make the payment; and(3)  the person or claimant makes an affidavit of the demand for payment and the guardian's failure to pay.(b)  The court may cite the guardian and the sureties on the guardian's bond to show cause why the guardian or sureties should not be held liable for the debt, interest, costs, or damages:(1)  on return of the execution under Subsection (a) not satisfied; or(2)  on the affidavit of demand and failure to pay under Subsection (a).(c)  On the return of citation served under Subsection (b), the court shall render judgment against the cited guardian and sureties, in favor of the claim holder, if good cause why the guardian and sureties should not be held liable is not shown.  The judgment must be for:(1)  the unpaid amount ordered to be paid or established by suit, with interest and costs; and(2)  damages on the amount neglected to be paid at the rate of five percent per month for each month, or fraction of a month, that the payment was neglected to be paid after demand for payment was made.(d)  Damages ordered under Subsection (c)(2) may be collected in any court of competent jurisdiction.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.151 (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 D. Presentment and Payment of Secured Claims|Section 1157.151. Option to Treat Claim as Matured Secured Claim or Preferred Debt and Lien

Sec. 1157.151.  OPTION TO TREAT CLAIM AS MATURED SECURED CLAIM OR PREFERRED DEBT AND LIEN.  (a)  If a secured claim against a ward is presented, the claimant shall specify in the claim, in addition to all other matters required to be specified in the claim, whether the claim shall be:(1)  allowed and approved as a matured secured claim to be paid in due course of administration, in which case the claim shall be paid in that manner if allowed and approved; or(2)  allowed, approved, and fixed as a preferred debt and lien against the specific property securing the indebtedness and paid according to the terms of the contract that secured the lien, in which case the claim shall be so allowed and approved if it is a valid lien.(b)  Notwithstanding Subsection (a)(2), the guardian of the estate may pay a claim that the claimant specified as a claim to be allowed, approved, and fixed as a preferred debt and lien as described by Subsection (a)(2) before maturity if that payment is in the best interests of the estate.(c)  If a secured claim is not presented within the time provided by law, the claim shall be treated as a claim to be paid in accordance with Subsection (a)(2).|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.152 (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 D. Presentment and Payment of Secured Claims|Section 1157.152. Preferred Debt and Lien

Sec. 1157.152.  PREFERRED DEBT AND LIEN.  When a claim for a debt has been allowed and approved under Section 1157.151(a)(2):(1)  a further claim for the debt may not be made against other estate assets;(2)  the claim remains a preferred lien against the property securing the claim; and(3)  the property remains security for the debt in any distribution or sale of the property before final maturity and payment of the debt.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.153 (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 D. Presentment and Payment of Secured Claims|Section 1157.153. Payment of Maturities on Preferred Debt and Lien

Sec. 1157.153.  PAYMENT OF MATURITIES ON PREFERRED DEBT AND LIEN.  (a)  If, not later than the 12th month after the date letters of guardianship are granted, the property securing a debt for which a claim is allowed, approved, and fixed under Section 1157.151(a)(2) is not sold or distributed, the guardian of the estate shall:(1)  promptly pay all maturities that have accrued on the debt according to the terms of the maturities; and(2)  perform all the terms of any contract securing the maturities.(b)  If the guardian defaults in payment or performance under Subsection (a):(1)  on the motion of the claim holder, the court shall require the sale of the property subject to the unmatured part of the debt and apply the proceeds of the sale to the liquidation of the maturities; or(2)  at the claim holder's option, a motion may be made in the same manner as a motion under Subdivision (1) to require the sale of the property free of the lien and apply the proceeds to the payment of the whole debt.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.201 (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 E. Claims Involving Guardians|Section 1157.201. Claim by Guardian

Sec. 1157.201.  CLAIM BY GUARDIAN.  (a)  A claim that a guardian of the person or estate held against the ward at the time of the guardian's appointment, or that accrues after the appointment, shall be verified by affidavit as required in other cases and presented to the clerk of the court in which the guardianship is pending.  The clerk shall enter the claim on the claim docket and the claim shall take the same course as other claims.(b)  A claim by a guardian that has been filed with the court within the required period shall be entered on the claim docket and acted on by the court in the same manner as in other cases.(c)  An appeal from a judgment of the court acting on a claim under this section may be taken as in other cases.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1157.202 (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 E. Claims Involving Guardians|Section 1157.202. Purchase of Claim by Guardian Prohibited

Sec. 1157.202.  PURCHASE OF CLAIM BY GUARDIAN PROHIBITED.  (a)  A guardian may not purchase, for the guardian's own use or for any other purpose, a claim against the guardianship the guardian represents.(b)  On written complaint by a person interested in the guardianship estate and on satisfactory proof of a violation of Subsection (a), the court after citation and hearing shall enter an order canceling the claim described by Subsection (a). No part of the canceled claim may be paid out of the guardianship.(c)  The court may remove a guardian for a violation of 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 § 1158.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter A. General Provisions|Section 1158.001. Court Order Authorizing Sale

Sec. 1158.001.  COURT ORDER AUTHORIZING SALE.  (a)  Except as provided by this chapter, any property of a ward may not be sold without a court order authorizing the sale.(b)  Except as otherwise specifically provided by this title, the court may order property of a ward to be sold for cash or on credit, at public auction or privately, as the court considers most advantageous to the estate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|