Sec. 141.015. USE OF CUSTODIAL PROPERTY. (a) A custodian may deliver or pay to the minor or expend for the minor's benefit as much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:
(1) the duty or ability of the custodian personally or of any other person to support the minor; or
(2) any other income or property of the minor that may be applicable or available for that purpose.
(b) On petition of an interested person or the minor if the minor is at least 14 years of age, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit as much of the custodial property as the court considers advisable for the use and benefit of the minor.
(b-1) A custodian may, without a court order, transfer all or part of the custodial property to a qualified minor's trust. A transfer of property under this subsection terminates the custodianship to the extent of the property transferred.
(c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
Added by Acts 1995, 74th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1995. Renumbered from Property Code Sec. 15 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(72), eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 451 (H.B. 564), Sec. 19, eff. September 1, 2007.
Structure Texas Statutes
Title 10 - Miscellaneous Beneficial Property Interests
Subtitle A - Persons Under Disability
Chapter 141 - Transfers to Minors
Section 141.003. Scope and Jurisdiction
Section 141.004. Nomination of Custodian
Section 141.005. Transfer by Gift or Exercise of Power of Appointment
Section 141.006. Transfer Authorized by Will or Trust
Section 141.007. Other Transfer by Fiduciary
Section 141.008. Transfer by Obligor
Section 141.009. Receipt for Custodial Property
Section 141.011. Single Custodianship
Section 141.012. Validity and Effect of Transfer
Section 141.013. Care of Custodial Property
Section 141.014. Powers of Custodian
Section 141.015. Use of Custodial Property
Section 141.016. Custodian's Expenses, Compensation, and Bond
Section 141.017. Exemption of Third Person From Liability
Section 141.018. Liability to Third Person
Section 141.020. Accounting by and Determination of Liability
Section 141.021. Termination of Custodianship
Section 141.022. Applicability
Section 141.023. Effect on Existing Custodianships
Section 141.024. Uniformity of Application and Construction
Section 141.025. Additional Transfers to Custodianships in Existence Before Effective Date of Act