Texas Estates Code Title 3, Chapter 1353 - Management And Control Of Incapacitated Spouse's Property

SUBCHAPTER A APPOINTMENT OF COMMUNITY ADMINISTRATOR OR GUARDIAN OF THE ESTATE

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER B DUTIES OF COMMUNITY ADMINISTRATORS AND GUARDIANS OF THE ESTATE

• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...

SUBCHAPTER C REMOVAL OR TERMINATION OF POWERS OF COMMUNITY ADMINISTRATOR

• Texas Section 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...
• Texas Section 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...
• Texas Section 1353.102 - Procedure For Removal Of Community Administrator
  (a) A court may remove a community administrator on the court's own motion or on the motion of an interested person, after the community administrator...

SUBCHAPTER D APPOINTMENT OF ATTORNEY AD LITEM

• Texas Section 1353.103 - Termination Of Community Administrator's Powers On Recovery Of Capacity
  The special powers of management, control, and disposition vested in the community administrator by this title terminate when a court of competent jurisdiction by decree...
• Texas Section 1353.151 - Appointment Of Attorney Ad Litem For Incapacitated Spouse
  (a) The court shall appoint an attorney ad litem to represent the interests of an incapacitated spouse in a proceeding to remove a community administrator...

Last modified: September 28, 2016