Texas Estates Code

§ 1353.005 — ADMINISTRATION OF CERTAIN PROPERTY BY NON-INCAPACITATED SPOUSE

ES § 1353.005Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part I. OTHER SPECIAL PROCEEDINGS AND SUBSTITUTES FOR GUARDIANSHIP · Ch. 1353. MANAGEMENT AND CONTROL OF INCAPACITATED SPOUSE'S PROPERTY · Art. A. APPOINTMENT OF COMMUNITY ADMINISTRATOR OR GUARDIAN OF THE ESTATE

Statute text

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(a)On a person's removal as community administrator or on qualification of a guardian of the estate of the person's incapacitated spouse under Section 1353.004, as appropriate, a spouse who is not incapacitated shall continue to administer:

(1)the person's own separate property;

(2)any community property that is subject to the person's sole management, control, and disposition under Section 3.102, Family Code;

(3)either:

(A)any community property subject to the spouses' joint management, control, and disposition under Section 3.102, Family Code; or

(B)if the person is required to deliver a portion of that community property described by Paragraph (A) to the guardian of the estate of the person's incapacitated spouse under Section 1353.004(c), only the portion of the community property remaining after delivery; and

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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.