Texas Estates Code 1151.155 – Operation or Rental of Farm, Ranch, Factory, or Other Business
(a) If the ward owns a farm, ranch, factory, or other business that is not required to be immediately sold for the payment of a debt or other lawful purpose, the guardian of the estate on order of the court shall, as it appears to be in the estate’s best interests:
(1) continue to operate, or cause the continued operation of, the farm, ranch, factory, or other business; or
(2) rent the farm, ranch, factory, or other business.
(b) In deciding whether to issue an order under Subsection (a), the court:
(1) shall consider:
(A) the condition of the estate; and
(B) the necessity that may exist for the future sale of the property or business for the payment of a debt, claim, or other lawful expenditure; and
(2) may not extend the time of renting any of the property beyond what appears consistent with the maintenance and education of a ward or the settlement of the ward’s estate.
Terms Used In Texas Estates Code 1151.155
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - 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
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033