Texas Estates Code 1151.101 – General Powers and Duties
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(a) Subject to Subsection (b), the guardian of the estate of a ward is entitled to:
(1) possess and manage all property belonging to the ward;
(2) collect all debts, rentals, or claims that are due to the ward;
(3) enforce all obligations in favor of the ward;
(4) bring and defend suits by or against the ward; and
(5) access the ward’s digital assets as provided by Chapter 2001.
(b) In the management of a ward’s estate, the guardian of the estate is governed by the provisions of this title.
Terms Used In Texas Estates Code 1151.101
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Claims: includes :
(1) liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise;
(2) funeral expenses;
(3) the expense of a tombstone;
(4) expenses of administration;
(5) estate and inheritance taxes; and
(6) debts due such estates. See Texas Estates Code 22.005 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - 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.
- Property: means real and personal property. See Texas Government Code 311.005
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
(c) In this section, “digital asset” has the meaning assigned by § 2001.002.