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Texas Property Code - PROP § 113.082. Removal of Trustee

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

(c) A trustee of a charitable trust may not be removed solely on the grounds that the trustee exercised the trustee's power to adjust between principal and income under Section 113.0211.

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Cite this article: FindLaw.com - Texas Property Code - PROP § 113.082. Removal of Trustee - last updated January 01, 2024 | https://codes.findlaw.com/tx/property-code/prop-sect-113-082/

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