Texas Estates Code

§ 1157.108 — LIABILITY FOR NONPAYMENT OF CLAIM

ES § 1157.108Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part E. ADMINISTRATION OF GUARDIANSHIP · Ch. 1157. PRESENTMENT AND PAYMENT OF CLAIMS · Art. C. PAYMENT OF CLAIMS, ALLOWANCES, AND EXPENSES

Statute text

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(a)A person or claimant, except the state treasury, entitled to payment from a guardianship estate of money the court orders to be paid is authorized to have execution issued against the property of the guardianship for the amount due, with interest and costs, if:

(1)a guardian of the estate fails to pay the money on demand;

(2)guardianship estate funds are available to make the payment; and

(3)the person or claimant makes an affidavit of the demand for payment and the guardian's failure to pay.

(b)The court may cite the guardian and the sureties on the guardian's bond to show cause why the guardian or sureties should not be held liable for the debt, interest, costs, or damages:

(1)on return of the execution under Subsection (a) not satisfied; or

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Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.