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Texas Estates Code

The dirty secret: Any judge can void a Power-of-Attorney, even a Durable POA

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Texas Estates Code

Texas Estates Code Section 1203.056 Removal or Reinstatement of Guardian under Certain Circumstances

Under Section 1203.056 of the Texas Estates Code, subparagraph (a) is clear (emphasis added): Sec 1203.056(a)The court may remove a guardian under Section 1203.051 (Removal Without Notice; Appointment of Guardian Ad Litem and Attorney Ad Litem)(a)(6)(A) or (B) only on the presentation of clear and convincing evidence given under oath. No such evidence was ever […]

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Texas Estates Code

Texas Estates Code Section 1203 Resignation, Removal, or Death of Guardian; Appointment of Successor

Under Section 1203.051 of the Texas Estates Code, there are certain requirements that must be met, when removing a guardian including: Appointing a guardian ad litem, to protect the personal interests of the Ward during the change of guardians; Appointing an attorney ad litem, to protect the legal interests of the Ward during the change […]

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Texas Estates Code

Texas Estates Code Section 1104.102 Appointment preferences

Under Section 1104.102 Charlie Thrash’s common-law wife, Laura Martinez, had a greater standing than Charlie’s estranged & distant Grand-niece, Tonya Barina — IF Tonya Barina’s lawyers and Judge Oscar Kazen hadn’t disregarded the six (6) years Charlie and Laura had spent living together, as husband and wife, and decided in a non-evidentiary hearing to summarily, […]

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Texas Estates Code

Texas Estates Code: Bill of Rights for Persons under Guardianship

From Texas Estates Code Section 1151.351 Charlie Thrash’s rights, under Texas Estate Code Section 1151.351, have been virtually continuously violated since he was put under guardianship, first on Nov 15, 2018 by then-judge Tom Rickhoff, and confirmed in an Order issued without hearing by current judge and Shavano Park (pop. 3,926) resident Oscar Kazen.

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Texas Estates Code

Section 1155.003 Compensation for Guardian of the Estate

Under Section 1155.003 – Tonya Barina, Guardian of Charlie Thrash’s estate, is entitled to a minimum of 5% of all assets she sells of Charlie’s (and she need not consult Charlie, nor follow his wishes prior to selling his belongings.) Additionally, Tonya is entitled to a minimum of 5% of all income to Charlie’s estate, […]

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Texas Estates Code

Section 1051.104 Notice by Applicant for Guardianship

It is clear that Laura Martinez-Thrash, who held a Power of Attorney dated June 24, 2016 and signed by the proposed ward, Charlie Thrash, has always been eligible to 1) have priority over an estranged family member (Tonya Barina), chosen by the court and against the wishes of both the proposed Ward and his spouse, […]

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Texas Estates Code

Section 1055.003 Intervention by Interested Parties

Texas Estates Code Section 1055.003 Intervention by Interested Parties To see “who is entitled to receive notice under Section 1051.104” and therefore “is not required to file a motion under [Section 1055.003(d)] to intervene in a guardianship proceeding,” click here. The lawyers representing Charlie’s guardian, Mary Werner, wife of Shavano Park Mayor Bob Werner, and […]