reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1154 - Inventory, Appraisement, and List of Claims › Subchapter C. Changes to Inventory, Appraisement, and List of Claims › Section 1154.103. Correction of Inventory, Appraisement, or List of Claims for Erroneous or Unjust Item

Sec. 1154.103.  CORRECTION OF INVENTORY, APPRAISEMENT, OR LIST OF CLAIMS FOR ERRONEOUS OR UNJUST ITEM.  (a)  A person interested in an estate who considers an inventory, appraisement, or list of claims filed by the guardian of the estate to be erroneous or unjust in any particular form may:
(1)  file a written complaint setting forth the alleged erroneous or unjust item; and
(2)  have the guardian cited to appear before the court and show cause why the item should not be corrected.
(b)  On the hearing of the complaint, if the court is satisfied from the evidence that the inventory, appraisement, or list of claims is erroneous or unjust as alleged in the complaint, the court shall enter an order:
(1)  specifying the erroneous or unjust item and the corrections to be made; and
(2)  appointing an appraiser to make a new appraisement correcting the erroneous or unjust item and requiring the filing of the new appraisement not later than the 20th day after the date of the order.
(c)  The court, on the court's own motion or a motion of the guardian of the estate, may also have a new appraisement made for the purposes described by this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1154 - Inventory, Appraisement, and List of Claims › Subchapter C. Changes to Inventory, Appraisement, and List of Claims › Section 1154.104. Reappraisement

Sec. 1154.104.  REAPPRAISEMENT.  (a)  A reappraisement made, filed, and approved by the court replaces the original appraisement.  Not more than one reappraisement may be made.
(b)  Notwithstanding Subsection (a), a person interested in an estate may object to a reappraisement regardless of whether the court has approved the reappraisement.  If the court finds that the reappraisement is erroneous or unjust, the court shall appraise the property on the basis of the evidence before the court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1154 - Inventory, Appraisement, and List of Claims › Subchapter D. Use of Inventory, Appraisement, and List of Claims as Evidence › Section 1154.151. Use of Inventory, Appraisement, and List of Claims as Evidence

Sec. 1154.151.  USE OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS AS EVIDENCE.  Each inventory, appraisement, and list of claims that has been made, filed, and approved in accordance with law; the record of the inventory, appraisement, and list of claims; or a copy of an original or the record that has been certified under the seal of the county court affixed by the clerk:
(1)  may be given in evidence in any court of this state in any suit by or against the guardian of the estate; and
(2)  is not conclusive for or against the guardian of the estate if it is shown that:
(A)  any property or claim of the estate is not shown in the inventory, appraisement, or list of claims; or
(B)  the value of the property or claim of the estate exceeded the value shown in the appraisement or list of claims.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1155 - Compensation, Expenses, and Court Costs › Subchapter A. Compensation of Guardians in General › Section 1155.001. Definitions

Sec. 1155.001.  DEFINITIONS.  In this subchapter:
(1)  "Gross income" does not include United States Department of Veterans Affairs or social security benefits received by a ward.
(2)  "Money paid out" does not include any money loaned, invested, or paid over on the settlement of a guardianship or a tax-motivated gift made by a ward.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1155 - Compensation, Expenses, and Court Costs › Subchapter A. Compensation of Guardians in General › Section 1155.002. Compensation for Certain Guardians of the Person

Sec. 1155.002.  COMPENSATION FOR CERTAIN GUARDIANS OF THE PERSON.  (a)  The court may authorize compensation for a guardian serving as a guardian of the person alone from available funds of the ward's estate or other funds available for that purpose.  The court may set the compensation in an amount not to exceed the greater of $3,000 per year or five percent of the ward's gross income.
(b)  If the ward's estate is insufficient to pay for the services of a private professional guardian or a licensed attorney serving as a guardian of the person, the court may authorize compensation for that guardian if funds in the county treasury are budgeted for that purpose.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 18, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1155 - Compensation, Expenses, and Court Costs › Subchapter A. Compensation of Guardians in General › Section 1155.003. Compensation for Guardian of the Estate

Sec. 1155.003.  COMPENSATION FOR GUARDIAN OF THE ESTATE.  (a)  The guardian of an estate is entitled to reasonable compensation on application to the court at the time the court approves an annual or final accounting filed by the guardian under this title.
(b)  A fee of five percent of the gross income of the ward's estate and five percent of all money paid out of the estate, subject to the award of an additional amount under Section 1155.006(a) following a review under Section 1155.006(a)(1), is considered reasonable under this section if the court finds that the guardian has taken care of and managed the estate in compliance with the standards of this title.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1155 - Compensation, Expenses, and Court Costs › Subchapter A. Compensation of Guardians in General › Section 1155.004. Considerations in Authorizing Compensation

Sec. 1155.004.  CONSIDERATIONS IN AUTHORIZING COMPENSATION.  In determining whether to authorize compensation for a guardian under this subchapter, the court shall consider:
(1)  the ward's monthly income from all sources; and
(2)  whether the ward receives medical assistance under the state Medicaid program.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1155 - Compensation, Expenses, and Court Costs › Subchapter A. Compensation of Guardians in General › Section 1155.005. Maximum Aggregate Compensation

Sec. 1155.005.  MAXIMUM AGGREGATE COMPENSATION.  Except as provided by Section 1155.006(a) for a fee the court determines is unreasonably low, the aggregate fee of the guardian of the person and guardian of the estate may not exceed an amount equal to five percent of the gross income of the ward's estate plus five percent of all money paid out of the estate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1155 - Compensation, Expenses, and Court Costs › Subchapter A. Compensation of Guardians in General › Section 1155.006. Modification of Unreasonably Low Compensation; Authorization for Payment of Estimated Quarterly Compensation

Sec. 1155.006.  MODIFICATION OF UNREASONABLY LOW COMPENSATION; AUTHORIZATION FOR PAYMENT OF ESTIMATED QUARTERLY COMPENSATION.  (a)  On application of an interested person or on the court's own motion, the court may:
(1)  review and modify the amount of compensation authorized under Section 1155.002(a) or 1155.003 if the court finds that the amount is unreasonably low when considering the services provided as guardian; and
(2)  authorize compensation for the guardian in an estimated amount the court finds reasonable, to be paid on a quarterly basis before the guardian files an annual or final accounting, if the court finds that delaying the payment of compensation until the guardian files an accounting would create a hardship for the guardian.
(b)  A finding of unreasonably low compensation may not be established under Subsection (a) solely because the amount of compensation is less than the usual and customary charges of the person or entity serving as guardian.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1155 - Compensation, Expenses, and Court Costs › Subchapter A. Compensation of Guardians in General › Section 1155.007. Reduction or Elimination of Estimated Quarterly Compensation

Sec. 1155.007.  REDUCTION OR ELIMINATION OF ESTIMATED QUARTERLY COMPENSATION.  (a)  A court that authorizes payment of estimated quarterly compensation under Section 1155.006(a) may later reduce or eliminate the guardian's compensation if, on review of an annual or final accounting or otherwise, the court finds that the guardian:
(1)  received compensation in excess of the amount permitted under this subchapter;
(2)  has not adequately performed the duties required of a guardian under this title; or
(3)  has been removed for cause.
(b)  If a court reduces or eliminates a guardian's compensation as provided by Subsection (a), the guardian and the surety on the guardian's bond are liable to the guardianship estate for any excess compensation received.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1155 - Compensation, Expenses, and Court Costs › Subchapter A. Compensation of Guardians in General › Section 1155.008. Denial of Compensation

Sec. 1155.008.  DENIAL OF COMPENSATION.  On application of an interested person or on the court's own motion, the court may wholly or partly deny a fee authorized under this subchapter if:
(1)  the court finds that the guardian has not adequately performed the duties required of a guardian under this title; or
(2)  the guardian has been removed for cause.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1155 - Compensation, Expenses, and Court Costs › Subchapter B. Compensation for Professional Services › Section 1155.052. Attorney Serving as Guardian and Providing Related Legal Services

Sec. 1155.052.  ATTORNEY SERVING AS GUARDIAN AND PROVIDING RELATED LEGAL SERVICES.  (a)  Notwithstanding any other provision of this chapter, an attorney who serves as guardian and who also provides legal services in connection with the guardianship is not entitled to compensation for the guardianship services or payment of attorney's fees for the legal services from the ward's estate or other funds available for that purpose unless the attorney files with the court a detailed description of the services performed that identifies which of the services provided were guardianship services and which were legal services.
(b)  An attorney described by Subsection (a) is not entitled to payment of attorney's fees for guardianship services that are not legal services.
(c)  The court shall set the compensation of an attorney described by Subsection (a) for the performance of guardianship services in accordance with Subchapter A. The court shall set attorney's fees for an attorney described by Subsection (a) for legal services provided in accordance with Sections 1155.054, 1155.101, and 1155.151.
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. 17, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1155 - Compensation, Expenses, and Court Costs › Subchapter B. Compensation for Professional Services › Section 1155.053. Compensation for Services to Recover Property

Sec. 1155.053.  COMPENSATION FOR SERVICES TO RECOVER PROPERTY.  (a)  Subject only to the approval of the court in which the estate is being administered and except as provided by Subsection (b), a guardian of an estate may convey or contract to convey a contingent interest in any property sought to be recovered, not to exceed one-third of the property for services of attorneys.
(b)  A guardian of an estate may convey or contract to convey for services of attorneys a contingent interest that exceeds one-third of the property sought to be recovered under this section only on the approval of the court in which the estate is being administered.  The court must approve a contract entered into or conveyance made under this section before an attorney performs any legal services.  A contract entered into or conveyance made in violation of this section is void unless the court ratifies or reforms the contract or documents relating to the conveyance to the extent necessary to cause the contract or conveyance to meet the requirements of this section.
(c)  In approving a contract or conveyance under Subsection (a) or (b) for services of an attorney, the court shall consider:
(1)  the time and labor that will be required, the novelty and difficulty of the questions to be involved, and the skill that will be required to perform the legal services properly;
(2)  the fee customarily charged in the locality for similar legal services;
(3)  the value of property recovered or sought to be recovered by the guardian under this section;
(4)  the benefits to the estate that the attorney will be responsible for securing; and
(5)  the experience and ability of the attorney who will be performing the services.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 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 1155.101. Reimbursement of Expenses in General

Sec. 1155.101.  REIMBURSEMENT OF EXPENSES IN GENERAL.  A guardian is entitled to reimbursement from the guardianship estate for all necessary and reasonable expenses incurred in performing any duty as a guardian, including reimbursement for the payment of reasonable attorney's fees necessarily incurred by the guardian in connection with the management of the estate  or any other matter in the guardianship.
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. 6.043, eff. January 1, 2014.
2023 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 1155.102. Reimbursement of Expenses for Collection of Claim or Debt

Sec. 1155.102.  REIMBURSEMENT OF EXPENSES FOR COLLECTION OF CLAIM OR DEBT.  On satisfactory proof to the court, a guardian of an estate is entitled to all necessary and reasonable expenses incurred by the guardian in collecting or attempting to collect a claim or debt owed to the estate or in recovering or attempting to recover property to which the estate has title or a claim.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 send notice of the application by a qualified delivery method to all interested persons.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 123 (H.B. 785), Sec. 12, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 19, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.