Tindall v. State ex rel. Texas Department of Mental Health & Mental Retardation

OPINION

ESQUIVEL, Justice.

The issue in this appeal is whether attorneys’ fees incurred in the defense of bill of review proceedings filed by the State of Texas acting through its Department of Mental Health and Mental Retardation (the State) should be disbursed from the estate of an incompetent ward. Heber Tindall, guardian of the person and estate of Mary Tindall Clore and appellant herein, filed a motion for disbursement of these funds. The State opposed the disbursement and, following a hearing, the trial court denied the guardian’s motion. We affirm.

We begin with a summary of the…