reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1302 - Pooled Trust Subaccounts › Section 1302.002. Application to Establish Subaccount

Sec. 1302.002.  APPLICATION TO ESTABLISH SUBACCOUNT.  The following persons may apply to the court for the establishment of a subaccount for the benefit of a minor or other incapacitated person, an alleged incapacitated person, or a disabled person who is not an incapacitated person:
(1)  the guardian of the incapacitated person;
(2)  a person who has filed an application for the appointment of a guardian for the alleged incapacitated person;
(3)  an attorney ad litem or guardian ad litem appointed to represent:
(A)  the incapacitated person who is a ward or that person's interests; or
(B)  the alleged incapacitated person who does not have a guardian; or
(4)  the disabled 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. 6.074, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle H - Court-Authorized Trusts and Accounts › Chapter 1302 - Pooled Trust Subaccounts › Section 1302.003. Appointment of Attorney Ad Litem

Sec. 1302.003.  APPOINTMENT OF ATTORNEY AD LITEM.  (a)  The court shall appoint an attorney ad litem for a person who is a minor or has a mental disability and who is the subject of an application under Section 1302.002.
(b)  The attorney ad litem is entitled to a reasonable fee and reimbursement of expenses to be paid from the person'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 H - Court-Authorized Trusts and Accounts › Chapter 1302 - Pooled Trust Subaccounts › Section 1302.004. Establishment of Subaccount

Sec. 1302.004.  ESTABLISHMENT OF SUBACCOUNT.  If the court finds that it is in the best interests of a person who is the subject of an application under Section 1302.002, the court may order:
(1)  the establishment of a subaccount of which the person is the beneficiary;  and
(2)  the transfer to the subaccount of any of the person's property on hand or accruing to the person.
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 H - Court-Authorized Trusts and Accounts › Chapter 1302 - Pooled Trust Subaccounts › Section 1302.005. Terms of Subaccount

Sec. 1302.005.  TERMS OF SUBACCOUNT.  Unless the court orders otherwise, the terms governing the subaccount must provide that:
(1)  the subaccount terminates on the earliest of the date of:
(A)  the beneficiary's 18th birthday, if the beneficiary is not disabled on that date and was a minor at the time the subaccount was established;
(B)  the beneficiary's death;  or
(C)  a court order terminating the subaccount;  and
(2)  on termination, any property remaining in the beneficiary's subaccount after making any required payments to satisfy the amounts of medical assistance reimbursement claims for medical assistance provided to the beneficiary under this state's medical assistance program and other states' medical assistance programs shall be distributed to:
(A)  the beneficiary, if on the date of termination the beneficiary is living and is not incapacitated;
(B)  the beneficiary's guardian, if on the date of termination the beneficiary is living and is incapacitated; or
(C)  the personal representative of the beneficiary's estate, if on the date of termination the beneficiary is deceased.
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 H - Court-Authorized Trusts and Accounts › Chapter 1302 - Pooled Trust Subaccounts › Section 1302.006. Fees and Reporting

Sec. 1302.006.  FEES AND REPORTING.  (a)  The manager or trustee of a pooled trust may:
(1)  assess fees against a subaccount of that pooled trust that is established under this chapter, in accordance with the manager's or trustee's standard fee structure; and
(2)  pay fees assessed under Subdivision (1) from the subaccount.
(b)  If required by the court, the manager or trustee of the pooled trust shall file a copy of the annual report of account with the court 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 H - Court-Authorized Trusts and Accounts › Chapter 1302 - Pooled Trust Subaccounts › Section 1302.007. Jurisdiction Exclusive

Sec. 1302.007.  JURISDICTION EXCLUSIVE.  Notwithstanding any other law, the court that orders the establishment of a subaccount for a beneficiary has exclusive jurisdiction of a subsequent proceeding or action that relates to both the beneficiary and the subaccount, and the proceeding or action may be brought only in that 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 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 $250,000.
(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.
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 24, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 $250,000.
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.
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 25, eff. September 1, 2023.
2023 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.
2023 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.
2023 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 1351.055. Payment of Sale Proceeds Into Court Registry

Sec. 1351.055.  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 ward into the court registry.
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 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 1351.056. Withdrawal of Sale Proceeds From Registry Not Prohibited

Sec. 1351.056.  WITHDRAWAL OF SALE PROCEEDS FROM REGISTRY NOT PROHIBITED.  This subchapter does not prevent the sale  proceeds deposited into the court registry under Section 1351.055 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.
2023 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 1351.057. Disaffirmation of Sale Prohibited

Sec. 1351.057.  DISAFFIRMATION OF SALE PROHIBITED.  A ward 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.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter A. General Provisions › Section 1352.001. Definitions

Sec. 1352.001.  DEFINITIONS.  In this chapter:
(1)  "Home equity loan" means a loan made under Section 50(a)(6), Article XVI, Texas Constitution.
(2)  "Residence homestead" has the meaning assigned by Section 11.13, Tax Code.
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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter B. Mortgage of Minor's Interest Without Guardianship › Section 1352.051. Applicability of Subchapter

Sec. 1352.051.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a minor who:
(1)  is not a ward; and
(2)  has an interest in a residence homestead.
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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter B. Mortgage of Minor's Interest Without Guardianship › Section 1352.052. Authority to Mortgage Minor's Interest Without Guardianship

Sec. 1352.052.  AUTHORITY TO MORTGAGE MINOR'S INTEREST WITHOUT GUARDIANSHIP.  (a)  If the net value of a minor's interest in a residence homestead does not exceed $250,000, a parent, subject to Subsection (b), or managing conservator of the minor may apply to the court under this subchapter for an order authorizing the parent or managing conservator to receive on the minor's behalf, without being appointed guardian, an extension of credit that is secured wholly or partly by a lien on the homestead.
(b)  A parent of a minor may file an application under this subchapter only if the parent has a homestead interest in the property that is the subject of the application.
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. 26, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter B. Mortgage of Minor's Interest Without Guardianship › Section 1352.053. Application; Venue

Sec. 1352.053.  APPLICATION; VENUE.  (a)  A parent or managing conservator shall apply to the court under oath for the authority to encumber the residence homestead as provided by this subchapter.
(b)  The application must contain:
(1)  the minor's name and address;
(2)  a legal description of the property constituting the homestead;
(3)  a description of the minor's ownership interest in the property constituting the homestead;
(4)  the fair market value of the property constituting the homestead;
(5)  the amount of the home equity loan;
(6)  the purpose or purposes for which the home equity loan is being sought;
(7)  a detailed description of the proposed expenditure of the loan proceeds to be received by the parent or managing conservator on the minor's behalf; and
(8)  a statement that all loan proceeds received by the parent or managing conservator on the minor's behalf through a home equity loan authorized under this subchapter shall be used in a manner that is for the minor's 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.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter B. Mortgage of Minor's Interest Without Guardianship › Section 1352.054. Hearing; Requirements to Mortgage Minor's Interest

Sec. 1352.054.  HEARING; REQUIREMENTS TO MORTGAGE MINOR'S INTEREST.  (a)  On receipt of an application under this subchapter, the court shall set the application for hearing on a date not earlier than the fifth day after the date the application is 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, on approval of the surety bond required by Section 1352.055, shall authorize the parent or managing conservator to receive the extension of credit sought in the application if the court is satisfied from a preponderance of the evidence that the encumbrance is:
(1)  for a purpose described by Section 1352.056(1) or (2); and
(2)  in the minor's best interests.
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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter B. Mortgage of Minor's Interest Without Guardianship › Section 1352.055. Surety Bond; Discharge of Sureties

Sec. 1352.055.  SURETY BOND; DISCHARGE OF SURETIES.  (a)  Before a hearing under Section 1352.054 is held, the parent or managing conservator shall file with the county clerk a surety bond. The bond must be:
(1)  in an amount at least equal to two times the amount of the proposed home equity loan;
(2)  payable to and approved by the court; and
(3)  conditioned on the parent or managing conservator:
(A)  using the proceeds of the home equity loan attributable to the minor's interest solely for the purposes authorized by Section 1352.056; and
(B)  making payments on the minor's behalf toward the outstanding balance of the home equity loan.
(b)  After the first anniversary of the date a parent or managing conservator executes a home equity loan authorized under this subchapter, the court may, on motion of the borrower, reduce the amount of the surety bond required under this section to an amount that is not less than the loan's outstanding balance.
(c)  The court may not discharge the person's sureties from all further liability under a surety bond until the court:
(1)  approves the filing of the parent's or managing conservator's reports required under Sections 1352.057 and 1352.058;
(2)  finds that the parent or managing conservator used loan proceeds resulting from the minor's interest solely for the purposes authorized by Section 1352.056; and
(3)  is presented with satisfactory evidence that the home equity loan has been repaid and is no longer considered an outstanding obligation.
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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter B. Mortgage of Minor's Interest Without Guardianship › Section 1352.056. Use of Proceeds

Sec. 1352.056.  USE OF PROCEEDS.  Proceeds of a home equity loan that is the subject of an application under Section 1352.053 that are attributable to the minor's interest may be spent only to:
(1)  make improvements to the homestead;
(2)  pay for the minor's education or medical expenses; or
(3)  pay the loan's outstanding balance.
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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter B. Mortgage of Minor's Interest Without Guardianship › Section 1352.057. Annual Report

Sec. 1352.057.  ANNUAL REPORT.  A parent or managing conservator executing a home equity loan on a minor's behalf under this subchapter shall file an annual report with the court regarding the transaction.
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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter B. Mortgage of Minor's Interest Without Guardianship › Section 1352.058. Sworn Report of Expenditures

Sec. 1352.058.  SWORN REPORT OF EXPENDITURES.  When the parent or managing conservator has spent the proceeds of a home equity loan authorized under this subchapter, the parent or managing conservator shall file with the county clerk a sworn report accounting for the proceeds.
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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter B. Mortgage of Minor's Interest Without Guardianship › Section 1352.059. Disaffirmation of Home Equity Loan Prohibited

Sec. 1352.059.  DISAFFIRMATION OF HOME EQUITY LOAN PROHIBITED.  A minor may not disaffirm a home equity loan authorized by the court under this subchapter.
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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter C. Mortgage of Minor Ward's Interest Without Guardianship of the Estate › Section 1352.101. Applicability of Subchapter

Sec. 1352.101.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a minor ward who:
(1)  has a guardian of the person but does not have a guardian of the estate; and
(2)  has an interest in a residence homestead.
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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter C. Mortgage of Minor Ward's Interest Without Guardianship of the Estate › Section 1352.102. Authority to Mortgage Minor Ward's Interest Without Guardianship of the Estate

Sec. 1352.102.  AUTHORITY TO MORTGAGE MINOR WARD'S INTEREST WITHOUT GUARDIANSHIP OF THE ESTATE.  If the net value of a minor ward's interest in a residence homestead does not exceed $250,000, the guardian of the person of the ward may apply to the court under this subchapter for an order authorizing the guardian to receive on the ward's behalf an extension of credit that is secured wholly or partly by a lien on the homestead.
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. 27, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter C. Mortgage of Minor Ward's Interest Without Guardianship of the Estate › Section 1352.103. Application; Venue

Sec. 1352.103.  APPLICATION; VENUE.  (a)  An application under this subchapter must contain the information required by Section 1352.053(b).
(b)  For purposes of Subsection (a), references in Section 1352.053(b) to "parent or managing conservator" are replaced with references to "guardian of the person."
(c)  Venue for the application is the same as venue for an application for the appointment of a guardian for 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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter C. Mortgage of Minor Ward's Interest Without Guardianship of the Estate › Section 1352.104. Hearing; Requirements to Mortgage Minor Ward's Interest

Sec. 1352.104.  HEARING; REQUIREMENTS TO MORTGAGE MINOR WARD'S INTEREST.  (a)  On receipt of an application under this subchapter, the court shall set the application for hearing on a date not earlier than the fifth day after the date the application is filed.
(b)  The court may cause citation to be issued if the court considers citation necessary.
(c)  The procedures and evidentiary requirements for a hearing of an application filed under this subchapter are the same as the procedures and evidentiary requirements for a hearing of an application filed under Subchapter B.
(d)  At the time of the hearing, the court, on approval of the surety bond required by Section 1352.105, shall authorize the guardian to receive the extension of credit sought in the application if the court is satisfied from a preponderance of the evidence that the encumbrance is:
(1)  for a purpose described by Section 1352.106(1) or (2); and
(2)  in the minor ward's best interests.
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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter C. Mortgage of Minor Ward's Interest Without Guardianship of the Estate › Section 1352.105. Surety Bond; Discharge of Sureties

Sec. 1352.105.  SURETY BOND; DISCHARGE OF SURETIES.  (a)  Before a hearing under Section 1352.104 is held, the guardian of the person shall file a surety bond with the county clerk to the same extent and in the same manner as a parent or managing conservator of a minor is required to file a surety bond under Section 1352.055.
(b)  The court may not discharge the guardian's sureties from all further liability under a bond required by this section or another provision of this title until the court:
(1)  finds that the guardian used loan proceeds resulting from the minor ward's interest solely for the purposes authorized by Section 1352.106; and
(2)  is presented with satisfactory evidence that the home equity loan has been repaid and is no longer considered an outstanding obligation.
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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter C. Mortgage of Minor Ward's Interest Without Guardianship of the Estate › Section 1352.106. Use of Proceeds

Sec. 1352.106.  USE OF PROCEEDS.  Proceeds of a home equity loan that is the subject of an application under Section 1352.102 that are attributable to the minor ward's interest may be spent only to:
(1)  make improvements to the homestead;
(2)  pay for the ward's education or maintenance expenses; or
(3)  pay the loan's outstanding balance.
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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter C. Mortgage of Minor Ward's Interest Without Guardianship of the Estate › Section 1352.107. Annual Accounting

Sec. 1352.107.  ANNUAL ACCOUNTING.  A guardian of the person executing a home equity loan on a minor ward's behalf must account for the transaction, including the expenditure of the loan proceeds, 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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead › Subchapter C. Mortgage of Minor Ward's Interest Without Guardianship of the Estate › Section 1352.108. Disaffirmation of Home Equity Loan Prohibited

Sec. 1352.108.  DISAFFIRMATION OF HOME EQUITY LOAN PROHIBITED.  A minor ward may not disaffirm a home equity loan authorized by the court under this subchapter.
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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1353 - Management and Control of Incapacitated Spouse's Property › Subchapter A. Appointment of Community Administrator or Guardian of the Estate › Section 1353.001. Effect of Subchapter

Sec. 1353.001.  EFFECT OF SUBCHAPTER.  (a)  The manner in which community property is administered under this subchapter does not affect:
(1)  the duties and obligations between spouses, including the duty to support the other spouse; and
(2)  the rights of any creditor of either spouse.
(b)  This subchapter does not partition community property between an incapacitated spouse and a spouse who is not incapacitated.
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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1353 - Management and Control of Incapacitated Spouse's Property › Subchapter A. Appointment of Community Administrator or Guardian of the Estate › Section 1353.002. Spouse as Community Administrator

Sec. 1353.002.  SPOUSE AS COMMUNITY ADMINISTRATOR.  (a)  Except as provided by Section 1353.004, when a spouse is judicially declared to be incapacitated, the other spouse, in the capacity of surviving partner of the marital partnership, acquires full power to manage, control, and dispose of the entire community estate, including the part of the community estate that the incapacitated spouse legally has the power to manage in the absence of the incapacity, as community administrator without an administration.
(b)  The spouse who is not incapacitated is presumed to be suitable and qualified to serve as community administrator.
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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1353 - Management and Control of Incapacitated Spouse's Property › Subchapter A. Appointment of Community Administrator or Guardian of the Estate › Section 1353.003. Appointment of Guardian of the Estate to Administer Separate Property

Sec. 1353.003.  APPOINTMENT OF GUARDIAN OF THE ESTATE TO ADMINISTER SEPARATE PROPERTY.  (a)  Except as provided by Section 1353.004, when a spouse who owns separate property is judicially declared to be incapacitated, the court shall appoint the other spouse or another person or entity, in the order of precedence established under Subchapter C, Chapter 1104, as guardian of the estate to administer only the separate property of the incapacitated spouse.
(b)  The qualification of a guardian of the estate of the separate property of an incapacitated spouse under Subsection (a) does not deprive the spouse who is not incapacitated of the right to manage, control, and dispose of the entire community estate as provided by 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 I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1353 - Management and Control of Incapacitated Spouse's Property › Subchapter A. Appointment of Community Administrator or Guardian of the Estate › Section 1353.004. Appointment of Guardian of the Estate Under Certain Circumstances

Sec. 1353.004.  APPOINTMENT OF GUARDIAN OF THE ESTATE UNDER CERTAIN CIRCUMSTANCES.  (a)  This section applies only if:
(1)  a spouse who is not incapacitated is removed as community administrator; or
(2)  the court finds that the spouse who is not incapacitated:
(A)  would be disqualified to serve as guardian under Subchapter H, Chapter 1104; or
(B)  is not suitable to serve as the community administrator for any other reason.
(b)  The court shall appoint a guardian of the estate for the incapacitated spouse if the court:
(1)  has not appointed a guardian of the estate under Section 1353.003(a); or
(2)  has appointed the spouse who is not incapacitated as the guardian of the estate under Section 1353.003(a).
(c)  After considering the financial circumstances of the spouses and any other relevant factors, the court may order the spouse who is not incapacitated to deliver to the guardian of the estate of the incapacitated spouse not more than one-half of the community property that is subject to the spouses' joint management, control, and disposition under Section 3.102, Family Code.
(c-1)  If the court finds that the ward's spouse fails to comply with an order described by Subsection (c), the court may, after notice and a hearing, order any third party or entity in possession to deliver to the incapacitated spouse's guardian of the estate the community property described by Subsection (c).
(d)  The court shall authorize the guardian of the estate of the incapacitated spouse to administer:
(1)  any separate property of the incapacitated spouse;
(2)  any community property that is subject to the incapacitated spouse's sole management, control, and disposition under Section 3.102, Family Code;
(3)  any community property delivered to the guardian of the estate under Subsection (c); and
(4)  any income earned on property described by this section.
(e)  Community property administered by a guardian of the estate under Subsection (d) is considered the incapacitated spouse's community property, subject to the incapacitated spouse's sole management, control, and disposition under Section 3.102, Family Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 28, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1353 - Management and Control of Incapacitated Spouse's Property › Subchapter A. Appointment of Community Administrator or Guardian of the Estate › Section 1353.005. Administration of Certain Property by Non-Incapacitated Spouse

Sec. 1353.005.  ADMINISTRATION OF CERTAIN PROPERTY BY NON-INCAPACITATED SPOUSE.  (a)  On a person's removal as community administrator or on qualification of a guardian of the estate of the person's incapacitated spouse under Section 1353.004, as appropriate, a spouse who is not incapacitated shall continue to administer:
(1)  the person's own separate property;
(2)  any community property that is subject to the person's sole management, control, and disposition under Section 3.102, Family Code;
(3)  either:
(A)  any community property subject to the spouses' joint management, control, and disposition under Section 3.102, Family Code; or
(B)  if the person is required to deliver a portion of that community property described by Paragraph (A) to the guardian of the estate of the person's incapacitated spouse under Section 1353.004(c), only the portion of the community property remaining after delivery; and
(4)  any income earned on property described by this section the person is authorized to administer.
(b)  Community property administered under this section by a spouse who is not incapacitated is considered that spouse's community property, subject to that spouse's sole management, control, and disposition under Section 3.102, Family Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1353 - Management and Control of Incapacitated Spouse's Property › Subchapter A. Appointment of Community Administrator or Guardian of the Estate › Section 1353.006. Effect of Court Order on Creditors' Claims

Sec. 1353.006.  EFFECT OF COURT ORDER ON CREDITORS' CLAIMS.  A court order that directs the administration of community property under Section 1353.004 or 1353.005 does not affect the enforceability of a creditor's claim existing on the date the court renders the order.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1353 - Management and Control of Incapacitated Spouse's Property › Subchapter B. Duties of Community Administrators and Guardians of the Estate › Section 1353.051. Inventory and Appraisement by Community Administrator

Sec. 1353.051.  INVENTORY AND APPRAISEMENT BY COMMUNITY ADMINISTRATOR.  (a)  On its own motion or on the motion of an interested person for good cause shown, the court may order a community administrator to file a verified, full, and detailed inventory and appraisement of:
(1)  any community property that is subject to the incapacitated spouse's sole management, control, and disposition under Section 3.102, Family Code;
(2)  any community property subject to the spouses' joint management, control, and disposition under Section 3.102, Family Code; and
(3)  any income earned on property described by this subsection.
(b)  An inventory and appraisement ordered under this section must be:
(1)  prepared in the same form and manner that is required of a guardian under Section 1154.051; and
(2)  filed not later than the 90th day after the date the order is issued.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1353 - Management and Control of Incapacitated Spouse's Property › Subchapter B. Duties of Community Administrators and Guardians of the Estate › Section 1353.052. Account by Community Administrator

Sec. 1353.052.  ACCOUNT BY COMMUNITY ADMINISTRATOR.  (a)  At any time after the expiration of 15 months after the date a community administrator's spouse is judicially declared to be incapacitated, the court, on its own motion or on the motion of an interested person for good cause shown, may order the community administrator to prepare and file an account of:
(1)  any community property that is subject to the incapacitated spouse's sole management, control, and disposition under Section 3.102, Family Code;
(2)  any community property subject to the spouses' joint management, control, and disposition under Section 3.102, Family Code; and
(3)  any income earned on property described by this subsection.
(b)  An account ordered under Subsection (a) must be:
(1)  prepared in the same form and manner that is required of a guardian under Subchapter A, Chapter 1163, except that the community administrator is not required to file the account annually with the county clerk; and
(2)  filed not later than the 60th day after the date the order is issued.
(c)  After an initial account has been filed by a community administrator under this section, the court, on the motion of an interested person for good cause shown, may order the community administrator to file subsequent periodic accounts at intervals of not less than 12 months.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1353 - Management and Control of Incapacitated Spouse's Property › Subchapter B. Duties of Community Administrators and Guardians of the Estate › Section 1353.053. Disclosure of Certain Lawsuits to the Court by Community Administrator

Sec. 1353.053.  DISCLOSURE OF CERTAIN LAWSUITS TO THE COURT BY COMMUNITY ADMINISTRATOR.  A person whose spouse is judicially declared to be incapacitated and who acquires the power to manage, control, and dispose of the entire community estate under Section 1353.002(a) shall inform the court in writing of any suit filed by or on behalf of the person that:
(1)  is a suit for dissolution of the marriage of the person and the person's incapacitated spouse; or
(2)  names the incapacitated spouse as a defendant.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1353 - Management and Control of Incapacitated Spouse's Property › Subchapter B. Duties of Community Administrators and Guardians of the Estate › Section 1353.054. Delivery of Community Property by Guardian of the Estate to Community Administrator

Sec. 1353.054.  DELIVERY OF COMMUNITY PROPERTY BY GUARDIAN OF THE ESTATE TO COMMUNITY ADMINISTRATOR.  A guardian of the estate of an incapacitated married person who, as guardian, is administering community property as part of the ward's estate, shall deliver on demand the community property to the spouse who is not incapacitated if the spouse becomes community administrator under Section 1353.002(a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1353 - Management and Control of Incapacitated Spouse's Property › Subchapter C. Removal or Termination of Powers of Community Administrator › Section 1353.101. Grounds for Removal of Community Administrator

Sec. 1353.101.  GROUNDS FOR REMOVAL OF COMMUNITY ADMINISTRATOR.  A court may remove a community administrator if:
(1)  the community administrator fails to comply with a court order for:
(A)  an inventory and appraisement under Section 1353.051; or
(B)  an account or subsequent account under Section 1353.052;
(2)  sufficient grounds appear to support belief that the community administrator has misapplied or embezzled, or is about to misapply or embezzle, all or part of the property committed to the community administrator's care;
(3)  the community administrator is proved to have been guilty of gross misconduct or gross mismanagement in the performance of duties as community administrator; or
(4)  the community administrator:
(A)  becomes an incapacitated person;
(B)  is sentenced to the penitentiary; or
(C)  for any other reason becomes legally incapacitated from properly performing the community administrator's fiduciary duties.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.