Estates Code § 353.055

Sec. 353.055. METHOD OF PAYING ALLOWANCE IN LIEU OF EXEMPT PROPERTY. (a) An allowance in lieu of any exempt property shall be paid in the manner selected by the decedent's surviving spouse or children of legal age, or by the guardian of the decedent's minor children, or by the guardian of each adult incapacitated child or other appropriate person, as determined by the court, if there is no guardian, as follows: (1) in money out of estate funds that come into the executor's or administrator's possession; (2) in any of the decedent's property or a part of the property chosen by those individuals at the appraisement; or (3) part in money described by Subdivision (1) and part in property described by Subdivision (2). (b) Property specifically devised to another may be taken as provided by Subsection (a) only if other available property is insufficient to pay the allowance. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 810 (H.B. 2492), Sec. 2.05, eff. January 1, 2014.