Texas Estates Code 1352.105 – Surety Bond; Discharge of Sureties
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(a) Before a hearing under § 1352.104 is held, the guardian of the person shall file a surety bond with the county clerk to the same extent and in the same manner as a parent or managing conservator of a minor is required to file a surety bond under § 1352.055.
(b) The court may not discharge the guardian’s sureties from all further liability under a bond required by this section or another provision of this title until the court:
(1) finds that the guardian used loan proceeds resulting from the minor ward‘s interest solely for the purposes authorized by § 1352.106; and
(2) is presented with satisfactory evidence that the home equity loan has been repaid and is no longer considered an outstanding obligation.
Terms Used In Texas Estates Code 1352.105
- 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 - 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.
- 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 - Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Surety: includes a personal surety and a corporate surety. See Texas Estates Code 22.032
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033