§ 1352.104 — HEARING; REQUIREMENTS TO MORTGAGE MINOR WARD'S INTEREST.

Texas § 1352.104

• Jurisdiction: Texas
• Code ES: Estates Code

Text

Sec. 1352.104. HEARING; REQUIREMENTS TO MORTGAGE MINOR WARD'S INTEREST. (a) On receipt of an application under this subchapter, the court shall set the application for hearing on a date not earlier than the fifth day after the date the application is filed.
(b) The court may cause citation to be issued if the court considers citation necessary.
(c) The procedures and evidentiary requirements for a hearing of an application filed under this subchapter are the same as the procedures and evidentiary requirements for a hearing of an application filed under Subchapter B.
(d) At the time of the hearing, the court, on approval of the surety bond required by Section 1352.105 , shall authorize the guardian to receive the extension of credit sought in the application if the court is satisfied from a preponderance of the evidence that the encumbrance is:
(1) for a purpose described by Section 1352.106 (1) or (2); and
(2) in the minor ward's best interests.

Legislative History

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014.