Texas Codes

Tex. Prop. Code § 114.002 (2026)

Liability Of Successor Trustee For Breach Of Trust By Predecessor

✓ current as of May 2026

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Sec. 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 breach of trust committed by the predecessor and the successor trustee:

(1) improperly permits it to continue;

(2) fails to make a reasonable effort to compel the predecessor trustee to deliver the trust property; or

(3) fails to make a reasonable effort to compel a redress of a breach of trust committed by the predecessor trustee.

Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.

Notes of Decisions

Cited in 3 cases, 1996–2020 · leading case: Est. of Hoskins, 501 S.W.3d 295 (Tex. App. 2016).

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Est. of Hoskins, 501 S.W.3d 295 (Tex. App. 2016). “See Tex. PROP. Code Ann. § 114.002 (West, Westlaw through 2015 R.”

Hoenig v. Texas Com. Bank, N.A., 939 S.W.2d 656 (Tex. App. 1996). “Tex.Prop.Code Ann. § 114.002 (Vernon *663 1995).”

O'Shea v. O'Shea (Me. Super. Ct 2020). “Tex. Prop. Code Ann.§ 114.002 (limiting liability ofa successor trustee to situations in which they "know[ ] or should know of a situation constituting a breach of trust committed by the predecessors" and the successor trustees "improperly permit[ ] it to continue; fail[ ] to…”

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