EXAS
November 25, 1969
Honorable Joe Resweber Opinion No. M- 523
County Attorney
Harris County Courthouse Re: Whether resident minor heirs
Houston, Texas 77002 or legatees come within the
term "creditor" as used in
Section 144, Texas Probate
Code, and related questions.
Dear Mr. Resweber:
Your recent letter requesting the opinion of this office
concerning the referenced matter states, in part, as follows:
"1. Does a resident minor heir or a resident
minor legatee of an estate being adminis-
tered in the same county, come within the
definition of a 'creditor' under Section
144, Probate Code, V.A.T.S., so as to make
the terms and provisions of said Section
applicable to such minor heirs and legatees?
"2 . Is the County Clerk authorized under
Section 144, Probate Code, V.A.T.S., to
accept a deposit of money, not exceeding
$1,500.00, from the executor, adminis-
trator, guardian, or other personal
representative of an estate being ad-
ministered in the same county, for the
use and benefit of a resident minor being
without a legal guardian of his person or
estate under the provisions of Sec. 144,
Probate Code, V.A.T.S.?
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Honorable Joe Resweber, page 2 (M-523)
"3. Under the same conditions as outlined
in Paragraph 2 above except that the
estate is being administered in another
county or another state, is the County
Clerk authorized, under Sec. 144, Pro-
bate Code, V.A.T.S., to accept a deposit
of moeny for the purposes and under the
conditions specified in Sec. 144, Pro-
bate Code, V.A.T.S.?"
Section 144, Texas Probate Code, was amended by Senate Bill
Number 274 (Acts 61st Leg. R.S. 1969, ch. 671, p.1978). That
Section provides, in part, as follows:
"(a)To Residents. whenever a resident minor,
or whenever a resident person legally
adjudged to be of unsound mind or to be
an habitual or common drunkard sometime%
referred to in this Section as 'creditor',
being without a legal guardian of his
person or estate, shall be entitled to
money in an amount not exceeding One
Thousand Five Hundred Dollars, the right
to which is liquidated and is uncontested
in any pending lawsuit, the debtor MY Pay
same to the Countv Clerk of the county in
which such creditor resides in this state,
for the account of such creditor, giving
his name, the nature of his disability,
and if a minor his age, and his post
office address, and the receipt for such
money signed by the clerk shall be for-
ever binding on such creditor as of the
date and to the extent of such payment.
Upon receipt of such payment by the clerk,
he shall forthwith call same to the atten-
tion of the court and shall invest such
money as authorized by the Probate Code
pursuant to the orders of the court in
the name and for the account of such
minor other person entitled to same,
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. .
Honorable Joe Resweber, page 3 (M-523)
and by letter mailed to the address
given by the debtor, shall apprise
such creditor of the fact that such
deposit has been made. Any increase,
dividend or income from such in-
vestments shall be credited to the
account of such minor or other person
entitled to such investment....
"The father or mother or unestranged
spouse of such creditor..., residing
in this state or if there be no such
spouse and both father and mother be
dead or non-residents of this state,
then the person residing in this state
who has actual custody of such creditor,
may as custodian, upon filing with such
clerk written application and bond
approved by the County Judge of such
county, withdraw such money from the
clerk for the use and benefit of such
creditor, such bond... to be conditioned
that such custodian will use said money
for the benefit of such creditor... and
that he will, when legally called upon
to do, faithfully account to such creditor,
his heirs or legal representatives for
such money and any increase thereof upon
removal of the disability to which such
creditor is subiect, or upon his death
or the appointment of a guardian...
II
...
*(c) When the Deposit is Not Withdrawn by
Another Person. If no person authorized
hereunder withdraws such money from the
Clerk as provided for in this Section,
then the creditor himself, after term-
ination of his disability..., may at any
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. .
Honorable Joe Resweber, page 4 (M-523)
time ...withdraw such money..., direc-
ting the clerk to deliver such money
to such creditor..." (Emphasis added.)
In answer to your first question, it is our opinion that a
resident minor heir or legatee clearly is a "creditor", as that
term is used in Section 144, supra.
In answer to your second question, we have also concluded
that an executor, administrator, guardian, or other legal repre-
sentative of an estate being administered in the county wherein
the minor heir or legatee resides is a "debtor", as that term
is used in Section 144, supra, and, as such, is entitled to
deposit a sum of money not exceeding $1.500.00 with the county
clerk of the county wherein said minor resides for the use and
benefit of said minor.
With reference to your third question, it appears that
there is no restriction in Section 144, supra, on the place of
residence of the "debtor", from whom the county clerk of the
county of the minor's residence may receive money for the use
of the minor. Consequently, it is our opinion that said county
clerk may receive a deposit of money not exceeding $1,500.00
for the use and benefit of said minor from an executor, adminis-
trator, guardian, or other legal representative of an estate
being administered in either another state or in a Texas county
different from that wherein the minor resides.
SUMMARY
(1) A resident minor heir or legatee of an
estate being administered in the county
of his residence is a "creditor", as
that term is used in Section 144, Texas
Probate Code.
(2) The county clerk of the county in which
a minor heir or legatee resides is
authorized by Section 144, Texas Probate
Code, to accept a deposit of money not
exceeding $l,SOO.OO from the executor,
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. .
Honorable Joe Resweber, page 5 (M-523)
administrator, guardian, or other legal
representative of an estate being ad-
ministered in the same county for the
use and benefit of such resident minor.
(3) The county clerk of the county in which
a minor heir or legatee resides is
authorized by Section 144, Texas Probate
Code, to accept a deposit of money not
exceeding $l,SOO.OO, for the use and
benefit of such resident minor, from
the executor, administrator, guardian,
or other legal representative of an
estate being administered in another
Texas county or another state.
General of Texas
Prepared by Austin C. Bray, Jr.
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
George Kelton, Vice-Chairman
2. T. Fortescue
Fisher Tyler
Dyer Moore
Sarah E. Phillips
MEADE F. GRIFFIN
Staff Legal Assistant
NOLA WHITE
First Assistant
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