Sec. 292. MAY TAKE PROPERTY FOR FAMILY ALLOWANCE

The surviving spouse, the guardian of the minor children, or the guardian of an adult incapacitated child or another appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian, as the case may be, shall have the right to take in payment of such allowance, or any part thereof, any of the personal property of the estate at its appraised value as shown by the appraisement; provided, however, that property specifically devised or bequeathed to another may be so taken, or may be sold to raise funds for the allowance as hereinafter provided, only if the other available property shall be insufficient to provide the allowance.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1979, 66th Leg., p. 39, ch. 24, Sec. 20, eff. Aug. 27, 1979. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 810 , Sec. 1.03, eff. September 1, 2011.