Texas Probate Code - Section 758. Procedure If Representative Fails To Deliver Estate
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§ 758. PROCEDURE IF REPRESENTATIVE FAILS TO DELIVER
ESTATE. If a guardian, on final settlement or termination of the
guardianship of the estate, neglects to deliver to the person
entitled when legally demanded any portion of the estate or any
funds or money in the hands of the guardian ordered to be delivered,
a person entitled to the estate, funds, or money may file with the
clerk of the court a written complaint alleging the fact of the
guardian's neglect, the date of the person's demand, and other
relevant facts. After the person files a complaint under this
section, the clerk shall issue a citation to be served personally on
the guardian, appraising the guardian of the complaint and citing
the guardian to appear before the court and answer, if the guardian
desires, at the time designated in the citation. If at the hearing
the court finds that the citation was duly served and returned and
that the guardian is guilty of the neglect charged, the court shall
enter an order to that effect, and the guardian shall be liable to
the person who filed the complaint in damages at the rate of 10
percent of the amount or appraised value of the money or estate
withheld, per month, for each month or fraction of a month that the
estate or money of a guardianship of the estate, or on termination
of guardianship of the person, or funds is or has been withheld by
the guardian after the date of demand, which damages may be
recovered in any court of competent jurisdiction.
Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.
Section: 751 752 753 754 755 756 757 758 759 760 760A 760B 761 762 763
Last modified: August 11, 2007
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