Texas Estates Code 1352.102 – Authority to Mortgage Minor Ward’s Interest Without Guardianship of the Estate
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Terms Used In Texas Estates Code 1352.102
- 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 - 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.
- Minor: means a person younger than 18 years of age who:
(1) has never been married; and
(2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
If the net value of a minor ward‘s interest in a residence homestead does not exceed $250,000, the guardian of the person of the ward may apply to the court under this subchapter for an order authorizing the guardian to receive on the ward’s behalf an extension of credit that is secured wholly or partly by a lien on the homestead.