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Texas Statutes (Last Updated: January 4, 2014) |
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PROBATE CODE |
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Chapter VIII. PROCEEDINGS DURING ADMINISTRATION |
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Part 3. SETTING APART HOMESTEAD AND OTHER EXEMPT PROPERTY, AND FIXING THE FAMILY ALLOWANCE |
Sec. 275. TO WHOM ALLOWANCE PAID
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The allowance in lieu of exempt property shall be paid by the executor or administrator, as follows: (a) If there be a surviving spouse and no children, or if all the children, including any adult incapacitated children, be the children of the surviving spouse, the whole shall be paid to such surviving spouse.
(b) If there be children and no surviving spouse, the whole shall be equally divided among them and each of their shares shall be paid as follows:
(1) if the child is of lawful age and not incapacitated, to the child;
(2) if the child is a minor, to the child's guardian; or
(3) if the child is an incapacitated adult, to the adult incapacitated child's guardian or another appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian.
(c) If there be a surviving spouse, and children of the deceased, some of whom are not children of the surviving spouse, the surviving spouse shall receive one-half of the whole, plus the shares of the children of whom the survivor is the parent, and the remaining shares shall be paid with respect to each of the children of whom the survivor is not the parent as follows:
(1) if the child is an adult who is not incapacitated, to the child;
(2) if the child is a minor, to the child's guardian; or
(3) if the child is an incapacitated adult, to the adult incapacitated child's guardian or another appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian.