Texas Estates Code 1151.104 – Authority to Commence Suits
Current as of: 2024 | Check for updates
|
Other versions
(a) The guardian of the estate of a ward appointed in this state may commence a suit for:
(1) the recovery of personal property, debts, or damages; or
(2) title to or possession of land, any right attached to or arising from that land, or injury or damage done.
(b) A judgment in a suit described by Subsection (a) is conclusive, but may be set aside by any person interested for fraud or collusion on the guardian’s part.
Terms Used In Texas Estates Code 1151.104
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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 - Fraud: Intentional deception resulting in injury to another.
- 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.
- person interested: means :
(1) an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and
(2) anyone interested in the welfare of an incapacitated person, including a minor. See Texas Estates Code 22.018 - Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033