Texas Estates Code 1161.051 – Procedure in General
(a) Not later than the 180th day after the date the guardian of the estate qualifies as guardian or another date specified by the court, the guardian shall:
(1) invest estate assets according to Section 1161.003; or
(2) file a written application with the court for an order:
(A) authorizing the guardian to:
(i) develop and implement an investment plan for estate assets;
(ii) invest in or sell securities under an investment plan developed under Subparagraph (i);
(iii) declare that one or more estate assets must be retained, despite being underproductive with respect to income or overall return; or
(iv) loan estate funds, invest in real estate or make other investments, or purchase a life, term, or endowment insurance policy or an annuity contract; or
(B) modifying or eliminating the guardian’s duty to invest the estate.
(b) The court may approve an investment plan under Subsection (a)(2) without a hearing.
Terms Used In Texas Estates Code 1161.051
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005