Texas Estates Code 1156.052 – Allowance for Ward’s Spouse or Dependent
(a) Subject to § 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.
Terms Used In Texas Estates Code 1156.052
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Dependent: A person dependent for support upon another.
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Qualified delivery method: means delivery by:
(1) hand delivery by courier, with courier's proof of delivery receipt;
(2) certified or registered mail, return receipt requested, with return receipt; or
(3) a private delivery service designated as a designated delivery service by the United States Secretary of the Treasury under Section 7502(f)(2), Internal Revenue Code of 1986, with proof of delivery receipt. See Texas Estates Code 22.0295 - Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
(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.