Sec. 353.102. AMOUNT AND METHOD OF PAYMENT OF FAMILY ALLOWANCE. (a) The amount of the family allowance must be sufficient for the maintenance of the decedent's surviving spouse, minor children, and adult incapacitated children for one year from the date of the decedent's death.
(b) The allowance must be fixed with regard to the facts or circumstances then existing and the facts and circumstances anticipated to exist during the first year after the decedent's death.
(c) The allowance may be paid in a lump sum or in installments, as ordered by the court.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 810 (H.B. 2492), Sec. 2.08, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle H - Continuation of Administration
Chapter 353 - Exempt Property and Family Allowance
Subchapter C. Family Allowance
Section 353.101. Family Allowance
Section 353.102. Amount and Method of Payment of Family Allowance
Section 353.103. Order Fixing Family Allowance
Section 353.104. Preference of Family Allowance
Section 353.105. Payment of Family Allowance
Section 353.107. Sale of Estate Property to Raise Funds for Family Allowance