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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) The guardian of the estate may invest estate assets in real estate if:
(1) the guardian believes that the investment is in the ward's best interests;
(2) there are on hand sufficient additional assets to provide a return sufficient to provide for:
(A) the education, support, and maintenance of the ward and others the ward supports, if applicable; and
(B) the maintenance, insurance, and taxes on the real estate in which the guardian wishes to invest;
(3) the guardian files a written application with the court requesting a court order authorizing the guardian to make the desired investment and stating the reasons why, in the guardian's opinion, the investment would be for the ward's benefit; and
(4) the court issues an order authorizing the investment as provided by this subchapter.
(b) If the ward's money is invested in real estate, the title to the real estate shall be made to the ward. The guardian shall inventory, appraise, manage, and account for the real estate as the guardian does with other real estate of the ward.
Cite this article: FindLaw.com - Texas Estates Code - EST § 1161.151. Authority to Invest in Real Estate; Procedure and Requirements - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-1161-151/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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