Tex. Codes » Property Code · TITLE 9. TRUSTS · SUBTITLE B. TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS · CHAPTER 113. ADMINISTRATION
Texas Codes

Tex. Prop. Code § 113.028 (2026)

Certain Claims And Causes Of Action Prohibited

✓ current as of May 2026
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Sec. 113.028. CERTAIN CLAIMS AND CAUSES OF ACTION PROHIBITED. (a) A trustee may not prosecute or assert a claim for damages in a cause of action against a party who is not a beneficiary of the trust if each beneficiary of the trust provides written notice to the trustee of the beneficiary's opposition to the trustee's prosecuting or asserting the claim in the cause of action.

(b) This section does not apply to a cause of action that is prosecuted by a trustee in the trustee's individual capacity.

(c) The trustee is not liable for failing to prosecute or assert a claim in a cause of action if prohibited by the beneficiaries under Subsection (a).

Added by Acts 2005, 79th Leg., Ch. 765 (H.B. 3434), Sec. 3, eff. June 17, 2005.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2009–2023 · leading case: Alpert v. Riley, 274 S.W.3d 277 (Tex. App. 2009).
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Alpert v. Riley, 274 S.W.3d 277 (Tex. App. 2009). “See Tex. Prop.Code AnN. § 113.028 (Vernon 2007).”
James Michael McCoy, Individually & in His Capacity as Tr. of Aubrey Rose McCoy & Lexi Bree McCoy Trusts v. Aubrey Rose McCoy & Lexi Bree McCoy (Tex. App. 2023). “TEX. PROP. CODE ANN. § 113.028(a). Notwithstanding Aubrey and Lexi’s opposition, James maintained his crossclaims for damages until November 4, 2022, when he amended his claims and withdrew his request for damages.”
Tex. Prop. Code § 113.028(a): 1 case
James Michael McCoy, Individually & in His Capacity as Tr. of Aubrey Rose McCoy & Lexi Bree McCoy Trusts v. Aubrey Rose McCoy & Lexi Bree McCoy (Tex. App. 2023). “TEX. PROP. CODE ANN. § 113.028(a). Notwithstanding Aubrey and Lexi’s opposition, James maintained his crossclaims for damages until November 4, 2022, when he amended his claims and withdrew his request for damages.”
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