Texas Estates Code

§ 1353.102 — PROCEDURE FOR REMOVAL OF COMMUNITY ADMINISTRATOR

ES § 1353.102Title 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. C. REMOVAL OR TERMINATION OF POWERS OF COMMUNITY ADMINISTRATOR

Statute text

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(a)A court may remove a community administrator on the court's own motion or on the motion of an interested person, after the community administrator has been cited by personal service to answer at a time and place specified in the notice.

(b)The removal order must:

(1)state the cause of removal; and

(2)direct the disposition of the assets remaining in the name or under the control of the removed community administrator.

(c)A community administrator who defends an action for the removal of the community administrator in good faith, regardless of whether successful, is entitled to recover from the incapacitated spouse's part of the community estate the community administrator's necessary expenses and disbursements in the removal proceedings, including reasonable attorney's fees.

Legislative history

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