Texas Estates Code

§ 456.0045 — PRIVATE CAUSE OF ACTION

ES § 456.0045Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part J. ADDITIONAL MATTERS RELATING TO THE ADMINISTRATION OF CERTAIN ESTATES · Ch. 456. DISBURSEMENT AND CLOSING OF LAWYER TRUST OR ESCROW ACCOUNTS

Statute text

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(a)If an eligible institution violates Section 456.003, a person aggrieved by the violation may bring an action against the eligible institution to:

(1)obtain declaratory or injunctive relief to enforce the section; and

(2)recover damages to the same extent the person would be entitled to damages had the eligible institution acted in the same manner with respect to the deceased lawyer before the lawyer's death.

(b)A person who prevails in an action under this section may recover court costs and reasonable attorney's fees.

Legislative history

Added by Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 36, eff. September 1, 2017.