If compensation calculated as shown seems unreasonably low, the guardian may request a higher fee. Section 1155.006 of the Estates Code provides specific procedures for obtaining additional compensation. When requesting additional compensation, include additional paragraphs indicating why the statutory fee is too low. An application requesting a larger fee generally will require a hearing before the court. Note that receipts not included in gross income should generally not be included in the total income of the estate.
[Caption. See § 3 of the Introduction in this manual.]
Application for Compensation of Guardian
[Name of applicant], Applicant, guardian of the [person/estate/person and estate] of [name of ward], Ward, an incapacitated person, files this Application for Compensation of Guardian under section[s] [1155.002/1155.003/1155.002 and 1155.003] of the Texas Estates Code and shows in support:
1.Applicant qualified as guardian on [date].
2.Applicant has filed [his/her] annual account, which covers the period from [date] to [date], with this Court, and this Court approved the annual account on [date].
3.Applicant has adequately performed the duties as guardian of the [person/estate/person and estate] of Ward by [taking proper care of Ward’s person/[and] managing Ward’s estate] and is entitled to receive compensation in the form of a commission from the assets being administered according to section[s] [1155.002/1155.003/1155.002 and 1155.003] of the Texas Estates Code.
4.Applicant requests that the Court award a fee of $[amount], which has been calculated under section[s] [1155.002/1155.003/1155.002 and 1155.003] of the Texas Estates Code in the following manner:
A. Total income of the estate $[amount]
|
Include as applicable. |
Less: Department of Veterans Affairs income <$[amount]>
Sales of estate assets $[amount]
Less: Social Security income <$[amount]>
Return on principal of investments $[amount]
Income subject to commission $[amount]
Commission on Income (5 percent of $[amount]): $[amount]
|
Use B. only if this is guardian of person and estate or guardian of the estate. |
B. Total expenses of the estate $[amount]
Less: Tax-motivated gifts <$[amount]>
Investments $[amount]
Money loaned $[amount]
Expenses subject to commission $[amount]
Commission on Expenses (5 percent of $[amount]): $[amount]
$[amount of commission on income] +
$[amount of commission on expenses]
Total Commission: $[amount]
|
Continue with the following. |
5.Ward’s estate has adequate funds from which Applicant may be paid the statutory commission requested as evidenced by the approved annual account on file in this matter.
Applicant requests this Court authorize the expenditure of funds from Ward’s estate in the amount of $[amount] as compensation for the services rendered under section[s] [1155.002/1155.003/1155.002 and 1155.003] of the Texas Estates Code and for all other relief to which Applicant may be entitled.
Respectfully submitted,
[Name]
Applicant
[Name]
Attorney for Applicant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]