Texas Property Code Title 9, Chapter 114 - Liabilities, Rights, And Remedies Of Trustees, Beneficiaries, And Third Persons

SUBCHAPTER A LIABILITY OF TRUSTEE

• Texas Section 114.001 - Liability Of Trustee To Beneficiary
  (a) The trustee is accountable to a beneficiary for the trust property and for any profit made by the trustee through or arising out of...
• Texas Section 114.002 - Liability Of Successor Trustee For Breach Of Trust By Predecessor
  A successor trustee is liable for a breach of trust of a predecessor only if he knows or should know of a situation constituting a...
• Texas Section 114.003 - Powers To Direct: Charitable Trusts
  (a) In this section, "charitable trust" has the meaning assigned by Section 123.001. (a-1) The terms of a charitable trust may give a trustee or...
• Texas Section 114.0031 - Directed Trusts; Advisors
  (a) In this section: (1) "Advisor" includes protector. (2) "Investment decision" means, with respect to any investment, the retention, purchase, sale, exchange, tender, or other...
• Texas Section 114.004 - Actions Taken Prior To Knowledge Or Notice Of Facts
  A trustee is not liable for a mistake of fact made before the trustee has actual knowledge or receives written notice of the happening of...
• Texas Section 114.005 - Release Of Liability By Beneficiary
  (a) A beneficiary who has full legal capacity and is acting on full information may relieve a trustee from any duty, responsibility, restriction, or liability...
• Texas Section 114.006 - Liability Of Cotrustees For Acts Of Other Cotrustees
  (a) A trustee who does not join in an action of a cotrustee is not liable for the cotrustee's action, unless the trustee does not...
• Texas Section 114.007 - Exculpation Of Trustee
  (a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term relieves a...

SUBCHAPTER B LIABILITY OF BENEFICIARY

• Texas Section 114.008 - Remedies For Breach Of Trust
  (a) To remedy a breach of trust that has occurred or might occur, the court may: (1) compel the trustee to perform the trustee's duty...
• Texas Section 114.031 - Liability Of Beneficiary To Trustee
  (a) A beneficiary is liable for loss to the trust if the beneficiary has: (1) misappropriated or otherwise wrongfully dealt with the trust property; (2)...

SUBCHAPTER C RIGHTS OF TRUSTEE

• Texas Section 114.032 - Liability For Written Agreements
  (a) A written agreement between a trustee and a beneficiary, including a release, consent, or other agreement relating to a trustee's duty, power, responsibility, restriction,...
• Texas Section 114.061 - Compensation
  (a) Unless the terms of the trust provide otherwise and except as provided in Subsection (b) of this section, the trustee is entitled to reasonable...
• Texas Section 114.062 - Exoneration Or Reimbursement For Tort
  (a) Except as provided in Subsection (b) of this section, a trustee who incurs personal liability for a tort committed in the administration of the...
• Texas Section 114.063 - General Right To Reimbursement
  (a) A trustee may discharge or reimburse himself from trust principal or income or partly from both for: (1) advances made for the convenience, benefit,...

SUBCHAPTER D THIRD PERSONS

• Texas Section 114.064 - Costs
  (a) In any proceeding under this code the court may make such award of costs and reasonable and necessary attorney's fees as may seem equitable...
• Texas Section 114.081 - Protection Of Person Dealing With Trustee
  (a) A person who deals with a trustee in good faith and for fair value actually received by the trust is not liable to the...
• Texas Section 114.082 - Conveyance By Trustee
  If property is conveyed or transferred to a trustee in trust but the conveyance or transfer does not identify the trust or disclose the names...
• Texas Section 114.0821 - Liability Of Trust Property
  Although trust property is held by the trustee without identifying the trust or its beneficiaries, the trust property is not liable to satisfy the personal...
• Texas Section 114.083 - Rights And Liabilities For Committing Torts
  (a) A personal liability of a trustee or a predecessor trustee for a tort committed in the course of the administration of the trust may...
• Texas Section 114.084 - Contracts Of Trustee
  (a) If a trustee or a predecessor trustee makes a contract that is within his power as trustee and a cause of action arises on...
• Texas Section 114.085 - Partnerships
  (a) To the extent allowed by law, a trustee who takes the place of a deceased partner in a general partnership in accordance with the...
• Texas Section 114.086 - Certification Of Trust
  (a) As an alternative to providing a copy of the trust instrument to a person other than a beneficiary, the trustee may provide to the...

Last modified: September 28, 2016