Texas Estates Code 1162.053 – Order Authorizing Gift
Terms Used In Texas Estates Code 1162.053
- 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 - Donee: The recipient of a gift.
- 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 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
- Year: means 12 consecutive months. See Texas Government Code 311.005
On the conclusion of a hearing under § 1162.052, the court may enter an order authorizing the guardian to make a contribution from the income of the ward‘s estate to a particular donee designated in the application and order if the court is satisfied and finds from the evidence that:
(1) the amount of the proposed contribution stated in the application will probably not exceed 20 percent of the net income of the ward’s estate for the current calendar year;
(2) the net income of the ward’s estate for the current calendar year exceeds, or probably will exceed, $25,000;
(3) the full amount of the contribution, if made, will probably be deductible from the ward’s gross income in determining the net income of the ward under applicable federal income tax laws and rules;
(4) the condition of the ward’s estate justifies a contribution in the proposed amount; and
(5) the proposed contribution is reasonable in amount and is for a worthy cause.