Texas Estates Code 1353.005 – Administration of Certain Property by Non-Incapacitated Spouse
(a) On a person‘s removal as community administrator or on qualification of a guardian of the estate of the person’s incapacitated spouse under § 1353.004, as appropriate, a spouse who is not incapacitated shall continue to administer:
(1) the person’s own separate property;
(2) any community property that is subject to the person’s sole management, control, and disposition under § 3.102, Family Code;
(3) either:
(A) any community property subject to the spouses’ joint management, control, and disposition under § 3.102, Family Code; or
(B) if the person is required to deliver a portion of that community property described by Paragraph (A) to the guardian of the estate of the person’s incapacitated spouse under § 1353.004(c), only the portion of the community property remaining after delivery; and
(4) any income earned on property described by this section the person is authorized to administer.
(b) Community property administered under this section by a spouse who is not incapacitated is considered that spouse’s community property, subject to that spouse’s sole management, control, and disposition under § 3.102, Family Code.
Terms Used In Texas Estates Code 1353.005
- 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.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Property: means real and personal property. See Texas Government Code 311.005