(a) The court may appoint an attorney ad litem to represent the ward‘s interest in the final settlement with the guardian if:
(1) the ward is deceased and there is no executor or administrator of the ward’s estate;
(2) the ward is a nonresident; or
(3) the ward’s residence is unknown.
(b) The court shall allow the attorney ad litem appointed under this section reasonable compensation out of the ward’s estate for any services provided by the attorney.

Have a question?
Click here to chat with a lawyer about your rights.

Terms Used In Texas Estates Code 1204.002

  • 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
  • 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
  • Executor: A male person named in a will to carry out the decedent
  • 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.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033