Estates Code § 1156.052

Sec. 1156.052. ALLOWANCE FOR WARD'S SPOUSE, MINOR CHILDREN, OR INCAPACITATED ADULT CHILDREN. (a) Subject to Section 1156.051 and on application to the court, the court may order the guardian of the estate of a ward to spend money from the ward's estate for the education and maintenance of the ward's spouse, minor children, or incapacitated adult children. (b) In determining whether to order the expenditure of money from a ward's estate for the ward's spouse, minor children, or incapacitated adult children, as appropriate, under this section, the court shall consider: (1) the circumstances of the ward, the ward's spouse, and the ward's minor children and incapacitated adult children; (2) the ability and duty of the ward's spouse to support himself or herself and the ward's minor children or incapacitated adult children; (3) the size of the ward's estate; (4) a beneficial interest the ward or the ward's spouse, minor children, or incapacitated adult children have in a trust; and (5) an existing estate plan, including a trust or will, that provides a benefit to the ward's spouse, minor children, or incapacitated adult children. (c) A person who makes an application to the court under this section shall send notice of the application by a qualified delivery method to all interested persons. (d) Copies of the notices sent under Subsection (c) must be filed with the court with a copy of the proof of delivery receipt for each notice sent. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2023, 88th Leg., R.S., Ch. 123 (H.B. 785), Sec. 12, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 19, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 855 (S.B. 1760), Sec. 8, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 855 (S.B. 1760), Sec. 9, eff. September 1, 2025.