reglab/housing_qa huggingface dataset:
TX Est Code § 1301.102 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter C. Terms of Management Trust|Section 1301.102. Optional Terms

Sec. 1301.102.  OPTIONAL TERMS.  (a)  A management trust created for a ward or incapacitated person may provide that the trustee make a distribution, payment, use, or application of trust funds for the health, education, maintenance, or support of the person for whom the trust is created or of another person whom the person for whom the trust is created is legally obligated to support:(1)  as necessary and without the intervention of:(A)  a guardian or other representative of the ward; or(B)  a representative of the incapacitated person; and(2)  to:(A)  the ward's guardian;(B)  a person who has physical custody of the person for whom the trust is created or of another person whom the person for whom the trust is created is legally obligated to support; or(C)  a person providing a good or service to the person for whom the trust is created or to another person whom the person for whom the trust is created is legally obligated to support.(b)  The court may include additional provisions in a management trust on the trust's creation or modification under this chapter if the court determines the addition does not conflict with Section 1301.101.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 31, eff. January 1, 2014.|
TX Est Code § 1301.103 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter C. Terms of Management Trust|Section 1301.103. Enforceability of Certain Terms

Sec. 1301.103.  ENFORCEABILITY OF CERTAIN TERMS.  A provision in a management trust created for a ward or incapacitated person that relieves a trustee from a duty or liability imposed by this chapter or Subtitle B, Title 9, Property Code, is enforceable only if:(1)  the provision is limited to specific facts and circumstances unique to the property of that trust and is not applicable generally to the trust; and(2)  the court creating or modifying the trust makes a specific finding that there is clear and convincing evidence that the inclusion of the provision is in the best interests of the trust beneficiary.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 32, eff. January 1, 2014.|
TX Est Code § 1301.151 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter D. Administration of Management Trusts|Section 1301.151. Jurisdiction Over Trust Matters

Sec. 1301.151.  JURISDICTION OVER TRUST MATTERS.  A court that creates a management trust has the same jurisdiction to hear matters relating to the trust as the court has with respect to guardianship and other matters covered by this title.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1301.152 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter D. Administration of Management Trusts|Section 1301.152. Court's Authority to Discharge Guardian of Estate

Sec. 1301.152.  COURT'S AUTHORITY TO DISCHARGE GUARDIAN OF ESTATE.  On or at any time after the creation of a management trust, the court may discharge the guardian of the ward's estate if the court determines that the discharge is in the ward's best interests.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1301.153 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter D. Administration of Management Trusts|Section 1301.153. Investment in Texas Tomorrow Fund

Sec. 1301.153.  INVESTMENT IN TEXAS TOMORROW FUND.  The trustee of a management trust may invest trust funds in the Texas tomorrow fund established by Subchapter F, Chapter 54, Education Code, if the trustee determines that investment is in the best interest of the ward or incapacitated person for whom the trust is created.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1301.1535 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter D. Administration of Management Trusts|Section 1301.1535. Initial Accounting by Certain Trustees Required

Sec. 1301.1535.  INITIAL ACCOUNTING BY CERTAIN TRUSTEES REQUIRED.  (a)  This section applies only to a trustee of a management trust created for a person who on the date the trust is created is:(1)  a ward under an existing guardianship; or(2)  a proposed ward with respect to whom an application for guardianship has been filed and is pending.(b)  Not later than the 30th day after the date a trustee to which this section applies receives property into the trust, the trustee shall file with the court that created the guardianship or the court in which the application for guardianship was filed a report describing all property held in the trust on the date of the report and specifying the value of the property on that date.|Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.068, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 25, eff. September 1, 2015.|
TX Est Code § 1301.154 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter D. Administration of Management Trusts|Section 1301.154. Annual Accounting

Sec. 1301.154.  ANNUAL ACCOUNTING.  (a)  The trustee of a management trust created for a ward shall prepare and file with the court an annual accounting of transactions in the trust in the same manner and form that is required of a guardian of the estate under this title.(b)  The trustee of a management trust created for a ward shall provide a copy of the annual account to each guardian of the ward.(c)  The annual account is subject to court review and approval in the same manner that is required of an annual account prepared by a guardian under this title.(d)  The court may not require a trustee of a trust created for a person who has only a physical disability to prepare and file with the court the annual accounting as described by Subsection (a).|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. 6.069, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 33, eff. January 1, 2014.Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 62, eff. September 1, 2021.|
TX Est Code § 1301.155 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter D. Administration of Management Trusts|Section 1301.155. Appointment of Successor Trustee

Sec. 1301.155.  APPOINTMENT OF SUCCESSOR TRUSTEE.  The court may appoint a successor trustee if the trustee of a management trust resigns, becomes ineligible, or is removed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1301.156 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter D. Administration of Management Trusts|Section 1301.156. Liability of Certain Persons for Conduct of Trustee

Sec. 1301.156.  LIABILITY OF CERTAIN PERSONS FOR CONDUCT OF TRUSTEE.  The guardian of the person or of the estate of a ward for whom a management trust is  created or the surety on the guardian's bond is not liable for an act or omission of the trustee of the trust.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1301.201 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter E. Modification, Revocation, or Termination of Management Trusts|Section 1301.201. Modification or Revocation of Trust

Sec. 1301.201.  MODIFICATION OR REVOCATION OF TRUST.  (a)  The court may modify or revoke a management trust at any time before the date of the trust's termination.(b)  The following may not revoke a management trust:(1)  the ward for whom the trust is created or the guardian of the ward's estate;(2)  the incapacitated person for whom the trust is created; or(3)  the person who has only a physical disability for whom the trust is created.|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. 6.070, eff. January 1, 2014.|
TX Est Code § 1301.202 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter E. Modification, Revocation, or Termination of Management Trusts|Section 1301.202. Transfer to Pooled Trust Subaccount

Sec. 1301.202.  TRANSFER TO POOLED TRUST SUBACCOUNT.  (a)  If the court determines that it is in the best interests of the person for whom a management trust is created, the court may order the transfer of all property in the management trust to a pooled trust subaccount established in accordance with Chapter 1302.(a-1)  For purposes of a proceeding to determine whether to transfer property from a management trust to a pooled trust subaccount, the court may, but is not required to, appoint an attorney ad litem or guardian ad litem to represent the interests of a person who has only a physical disability for whom the management trust was created.(b)  The transfer of property from the management trust to the pooled trust subaccount shall be treated as a continuation of the management trust and may not be treated as the establishment of a new trust for purposes of 42 U.S.C. Section 1396p(d)(4)(A) or (C) or otherwise for purposes of the management trust beneficiary's eligibility for medical assistance under Chapter 32, Human Resources Code.(c)  The court may not allow termination of the management trust from which property is transferred under this section until all of the property in the management trust has been transferred to the pooled trust subaccount.|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. 6.071, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 34, eff. January 1, 2014.|
TX Est Code § 1301.203 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter E. Modification, Revocation, or Termination of Management Trusts|Section 1301.203. Termination of Trust

Sec. 1301.203.  TERMINATION OF TRUST.  (a)  Except as provided by Subsection (a-1), if the person for whom a management trust is created is a minor, the trust terminates on:(1)  the earlier of:(A)  the person's death; or(B)  the person's 18th birthday; or(2)  the date provided by court order, which may not be later than the person's 25th birthday.(a-1)  If the person for whom a management trust is created is a minor and is also incapacitated for a reason other than being a minor, the trust terminates:(1)  on the person's death; or(2)  when the person regains capacity.(b)  If the person for whom a management trust is created is not a minor, the trust terminates:(1)  according to the terms of the trust;(2)  on the date the court determines that continuing the trust is no longer in the person's best interests, subject to Section 1301.202(c); or(3)  on the person's death.|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. 6.072, eff. January 1, 2014.Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 63, eff. September 1, 2021.|
TX Est Code § 1301.204 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1301 - Management Trusts|Subchapter E. Modification, Revocation, or Termination of Management Trusts|Section 1301.204. Distribution of Trust Property

Sec. 1301.204.  DISTRIBUTION OF TRUST PROPERTY.  (a)  Unless otherwise provided by the court and except as provided by Subsection (b), the trustee of a management trust shall:(1)  prepare a final account in the same form and manner that is required of a guardian under Sections 1204.101 and 1204.102; and(2)  on court approval, distribute the principal or any undistributed income of the trust to:(A)  the ward or incapacitated person when the trust terminates on the trust's own terms;(B)  the successor trustee on appointment of a successor trustee; or(C)  the representative of the deceased ward's or incapacitated person's estate on the ward's or incapacitated person's death.(b)  The court may not require a trustee of a trust created for a person who has only a physical disability to prepare and file with the court a final account as described by Subsection (a)(1).  The trustee shall distribute the principal and any undistributed income of the trust in the manner provided by Subsection (a)(2) for a trust the beneficiary of which is a ward or incapacitated person.|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. 6.073, eff. January 1, 2014.|
TX Est Code § 1351.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1351 - Sale of Property of Certain Incapacitated Persons|Subchapter A. Sale of Minor's Interest in Property Without Guardianship|Section 1351.001. Authority to Sell Minor's Interest in Property Without Guardianship

Sec. 1351.001.  AUTHORITY TO SELL MINOR'S INTEREST IN PROPERTY WITHOUT GUARDIANSHIP. (a)  A parent or managing conservator of a minor who is not a ward may apply to the court under this subchapter for an order to sell an interest of the minor in property without being appointed guardian if the net value of the interest does not exceed $100,000.(b)  If a minor who is not a ward does not have a parent or managing conservator willing or able to file an application under Subsection (a), the court may appoint an attorney ad litem or guardian ad litem to act on the minor's behalf for the limited purpose of applying for an order to sell the minor's interest in property under this subchapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 26, eff. September 1, 2015.|
TX Est Code § 1351.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1351 - Sale of Property of Certain Incapacitated Persons|Subchapter A. Sale of Minor's Interest in Property Without Guardianship|Section 1351.002. Application; Venue

Sec. 1351.002.  APPLICATION; VENUE.  (a)  A parent, managing conservator, or attorney ad litem or guardian ad litem appointed under Section 1351.001(b) shall apply to the court under oath for the sale of property under this subchapter.(b)  An application must contain:(1)  the minor's name;(2)  a legal description of the real property or a description that identifies the personal property, as applicable;(3)  the minor's interest in the property;(4)  the purchaser's name;(5)  a statement that the sale of the minor's interest in the property is for cash; and(6)  a statement that all money received from the sale of the minor's interest in the property shall be used for the minor's use and benefit.(c)  Venue for the application is the same as venue for an application for the appointment of a guardian for a minor.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 27, eff. September 1, 2015.|
TX Est Code § 1351.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1351 - Sale of Property of Certain Incapacitated Persons|Subchapter A. Sale of Minor's Interest in Property Without Guardianship|Section 1351.003. Hearing; Requirements for Sale

Sec. 1351.003.  HEARING; REQUIREMENTS FOR SALE.  (a)  On receipt of an application under this subchapter, the court shall set the application for hearing on a date not earlier than five days from the date the application was filed.(b)  The court may cause citation to be issued if the court considers citation necessary.(c)  At the time of the hearing, the court shall order the sale of the property if the court is satisfied from the evidence that the sale is in the minor's best interests.  The court may require an independent appraisal of the property to be sold to establish the minimum sale price.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1351.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1351 - Sale of Property of Certain Incapacitated Persons|Subchapter A. Sale of Minor's Interest in Property Without Guardianship|Section 1351.004. Payment of Sale Proceeds Into Court Registry

Sec. 1351.004.  PAYMENT OF SALE PROCEEDS INTO COURT REGISTRY.  If the court enters an order of sale of property as provided by this subchapter, the purchaser of the property shall pay the proceeds of the sale belonging to the minor into the court registry.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1351.005 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1351 - Sale of Property of Certain Incapacitated Persons|Subchapter A. Sale of Minor's Interest in Property Without Guardianship|Section 1351.005. Withdrawal of Sale Proceeds From Registry Not Prohibited

Sec. 1351.005.  WITHDRAWAL OF SALE PROCEEDS FROM REGISTRY NOT PROHIBITED.  This subchapter does not prevent the sale proceeds deposited into the court registry under Section 1351.004 from being withdrawn from the court registry under Chapter 1355.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1351.006 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1351 - Sale of Property of Certain Incapacitated Persons|Subchapter A. Sale of Minor's Interest in Property Without Guardianship|Section 1351.006. Disaffirmation of Sale Prohibited

Sec. 1351.006.  DISAFFIRMATION OF SALE PROHIBITED.  A minor may not disaffirm a sale of property made in accordance with a court order 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 § 1351.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1351 - Sale of Property of Certain Incapacitated Persons|Subchapter B. Sale of Ward's Property Without Guardianship of the Estate|Section 1351.051. Applicability of Subchapter

Sec. 1351.051.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a ward who has:(1)  a guardian of the person but does not have a guardian of the estate; or(2)  a guardian of the person or estate appointed by a foreign court.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 28, eff. September 1, 2015.|
TX Est Code § 1351.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1351 - Sale of Property of Certain Incapacitated Persons|Subchapter B. Sale of Ward's Property Without Guardianship of the Estate|Section 1351.052. Authority to Sell Ward's Interest in Property Without Appointment as Guardian of the Estate in This State

Sec. 1351.052.  AUTHORITY TO SELL WARD'S INTEREST IN PROPERTY WITHOUT APPOINTMENT AS GUARDIAN OF THE ESTATE IN THIS STATE.  A guardian of the person of a ward or a guardian of the person or estate of a ward appointed by a foreign court may apply to the court under this subchapter for an order to sell an interest in property in the ward's estate without being appointed guardian of the ward's estate in this state if the net value of the interest does not exceed $100,000.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 29, eff. September 1, 2015.|
TX Est Code § 1351.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1351 - Sale of Property of Certain Incapacitated Persons|Subchapter B. Sale of Ward's Property Without Guardianship of the Estate|Section 1351.053. Application; Venue

Sec. 1351.053.  APPLICATION; VENUE.  (a)  An application under this subchapter must:(1)  be under oath; and(2)  contain the information required by Section 1351.002(b).(b)  For purposes of Subsection (a)(2), references in Section 1351.002(b) to "minor" are replaced with references to "ward."(c)  Venue for the application is the same as venue for an application for the appointment of a guardian for the ward.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 30, eff. September 1, 2015.|
TX Est Code § 1351.054 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1351 - Sale of Property of Certain Incapacitated Persons|Subchapter B. Sale of Ward's Property Without Guardianship of the Estate|Section 1351.054. Hearing

Sec. 1351.054.  HEARING.  (a)  On receipt of an application under this subchapter, the court shall set the application for hearing on a date not earlier than five days from the date the application was filed.(b)  The court may cause citation to be issued if the court considers citation necessary.(c)  The procedures and evidentiary requirements for the hearing are the same as the procedures and evidentiary requirements for a hearing of an application filed under Subchapter A.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|