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Texas Statutes (Last Updated: January 4, 2014) |
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ESTATES CODE |
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Title 3. GUARDIANSHIP AND RELATED PROCEDURES |
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Subtitle E. ADMINISTRATION OF GUARDIANSHIP |
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Chapter 1162. TAX-MOTIVATED AND CHARITABLE AND NONPROFIT GIFTS |
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Subchapter B. CHARITABLE AND NONPROFIT GIFTS |
Sec. 1162.053. ORDER AUTHORIZING GIFT
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On the conclusion of a hearing under Section 1162.052, the court may enter an order authorizing the guardian to make a contribution from the income of the ward's estate to a particular donee designated in the application and order if the court is satisfied and finds from the evidence that:
(1) the amount of the proposed contribution stated in the application will probably not exceed 20 percent of the net income of the ward's estate for the current calendar year;
(2) the net income of the ward's estate for the current calendar year exceeds, or probably will exceed, $25,000;
(3) the full amount of the contribution, if made, will probably be deductible from the ward's gross income in determining the net income of the ward under applicable federal income tax laws and rules;
(4) the condition of the ward's estate justifies a contribution in the proposed amount; and
(5) the proposed contribution is reasonable in amount and is for a worthy cause.