Texas Property Code
§ 112.009 — ACCEPTANCE BY TRUSTEE
PR § 112.009Title 9. TRUSTS · Part B. TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS · Ch. 112. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS · Art. A. CREATION
Statute text
View on source(a)The signature of the person named as trustee on the writing evidencing the trust or on a separate written acceptance is conclusive evidence that the person accepted the trust. A person named as trustee who exercises power or performs duties under the trust is presumed to have accepted the trust, except that a person named as trustee may engage in the following conduct without accepting the trust:
(1)acting to preserve the trust property if, within a reasonable time after acting, the person gives notice of the rejection of the trust to:
(A)the settlor; or
(B)if the settlor is deceased or incapacitated, all beneficiaries then entitled to receive trust distributions from the trust; and
(2)inspecting or investigating trust property for any purpose, including determining the potential liability of the trust under environmental or other law.
(b)A person named as trustee who does not accept the trust incurs no liability with respect to the trust.
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Legislative history
Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 4, eff. January 1, 2006.