Texas Property Code

§ 113.082 — REMOVAL OF TRUSTEE

PR § 113.082Title 9. TRUSTS · Part B. TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS · Ch. 113. ADMINISTRATION · Art. C. RESIGNATION OR REMOVAL OF TRUSTEE, AND AUTHORITY OF MULTIPLE AND SUCCESSOR TRUSTEES

Statute text

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(a)A trustee may be removed in accordance with the terms of the trust instrument, or, on the petition of an interested person and after hearing, a court may, in its discretion, remove a trustee and deny part or all of the trustee's compensation if:

(1)the trustee materially violated or attempted to violate the terms of the trust and the violation or attempted violation results in a material financial loss to the trust;

(2)the trustee becomes incapacitated or insolvent;

(3)the trustee fails to make an accounting that is required by law or by the terms of the trust; or

(4)the court finds other cause for removal.

(b)A beneficiary, cotrustee, or successor trustee may treat a violation resulting in removal as a breach of trust.

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Legislative history

Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 16, eff. January 1, 2006.