Tex. Codes » Property Code · TITLE 9. TRUSTS · SUBTITLE B. TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS · CHAPTER 114. LIABILITIES, RIGHTS, AND REMEDIES OF TRUSTEES, BENEFICIARIES, AND THIRD PERSONS

Tex. Prop. Code § 114.008

Remedies For Breach Of Trust

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Sec. 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 or duties;

(2) enjoin the trustee from committing a breach of trust;

(3) compel the trustee to redress a breach of trust, including compelling the trustee to pay money or to restore property;

(4) order a trustee to account;

(5) appoint a receiver to take possession of the trust property and administer the trust;

(6) suspend the trustee;

(7) remove the trustee as provided under Section 113.082;

(8) reduce or deny compensation to the trustee;

(9) subject to Subsection (b), void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property of which the trustee wrongfully disposed and recover the property or the proceeds from the property; or

(10) order any other appropriate relief.

(b) Notwithstanding Subsection (a)(9), a person other than a beneficiary who, without knowledge that a trustee is exceeding or improperly exercising the trustee's powers, in good faith assists a trustee or in good faith and for value deals with a trustee is protected from liability as if the trustee had or properly exercised the power exercised by the trustee.

Added by Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 21, eff. January 1, 2006.

SUBCHAPTER B. LIABILITY OF BENEFICIARY


Notes of Decisions
Cited in 30 cases (16 in the last 5 years), 2007–2026 · leading case: Ken Paxton, Attorney General of Texas v. City of Dallas
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Ken Paxton, Attorney General of Texas v. City of Dallas (2017) tex · cites it 2× “367(a) (referring to subpoena “compelling” testimony of witness or production of documents); TEX. PROP. CODE § 114.008(a)(3) (referring to court order “compel[ling]” trustee to pay money or restore property); TEX.”
Estate of Hoskins (2016) texapp · cites it 3× “See Tex. Prop. Code Ann. § 114.008 (a)(5) (West, Westlaw through 2015 R.”
Swinnea v. ERI Consulting Engineers, Inc. (2007) texapp “, Tex. Prop.Code Ann. § 114.008(a)(8) (Vernon 2007) (court may reduce or deny compensation to trustee to remedy a breach of trust); Burrow v.”
Elliott v. Weatherman (2013) texapp “” Tex. Prop.Code Ann. § 114.008(a)(5) (West 2007).”
JJ&A Partnership Rental, LP and James M. Fulton Jr. v. J&D Partners, LTD., Cheryl Huelsman, and James M. Fulton Sr. (2025) texapp · cites it 8× “The No-Evidence Motion for Summary Judgment did not address the claim for a receivership under Texas Property Code section 114.008. 3. Defendants’/Counter-Plaintiffs’ Response to Summary Judgment Defendants/Counter-Plaintiffs filed a Response to Plaintiffs’/Counter- Defendants’…”
Frances Spanos Shelton v. Vernon Leuschner, and as Durable Power of Attorney for Katherine Leuschner, Robert Lee Spanos, (2025) texapp · cites it 5× “9 TEX. PROP. CODE § 114.008 ...............”
in the Matter of Bumstead Family Irrevocable Trust (2022) texapp · cites it 3× “In response, appellees argue that the trial court’s pretrial use of the remedies found in Texas Property Code § 114.008 constitute a valid exercise of the court’s discretion.”
Shawn Deane Gruss, as Trustee of the Gallagher Family Trust v. Gary W. Gallagher (2023) texapp · cites it 3× “Gary cited the parts of Texas Property Code section 114.008(a) that allow a court to remedy a breach of trust by compelling a trustee to perform the trustee’s duty and by compelling the trustee to pay money.”
Joan Gottlieb Mendell v. Laurence Scott and Rachel Chaput (2023) texapp · cites it 3× “The trial court granted the modified permanent injunction pursuant to its authority under Texas Property Code Section 114.008, which provides: (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 or…”
In THE MATTER OF TRUST a AND TRUST C. ESTABLISHED UNDER THE BERNARD L. AND JEANNETTE FENENBOCK LIVING TRUST AGREEMENT, D (2024) tex · cites it 3× “See TEX. PROP. CODE § 114.008(a)(3) (allowing a court to “compel[] the trustee to pay money or to restore property”); Slay v.”
Frances Spanos Shelton v. Vernon Leuschner, and as Durable Power of Attorney for Katherine Leuschner, Robert Lee Spanos, (2025) texapp · cites it 3× “36, 37 Tex. Prop. Code § 114.008 ...............”
Estate of Lee Roy Hoskins Sr. (2015) texapp · cites it 5× “23 TEX. PROP. CODE § 114.008(a) ............”
Show all 30 citing cases →
— Tex. Prop. Code § 114.008(a) — 5 cases
Shawn Deane Gruss, as Trustee of the Gallagher Family Trust v. Gary W. Gallagher (2023) texapp “Gary cited the parts of Texas Property Code section 114.008(a) that allow a court to remedy a breach of trust by compelling a trustee to perform the trustee’s duty and by compelling the trustee to pay money.”
Frances Spanos Shelton v. Vernon Leuschner, and as Durable Power of Attorney for Katherine Leuschner, Robert Lee Spanos, (2025) texapp “9 TEX. PROP. CODE § 114.008 ...............”
Estate of Lee Roy Hoskins Sr. (2015) texapp “23 TEX. PROP. CODE § 114.008(a) ............”
in Re Wiley McIntire, Paul McIntire, Kathy Topper, Jan Woods (f/K/A Jan Luster), Jackie Leanne Clementz (f/K/A Jackie Le (2023) texapp
Joan Gottlieb Mendell v. Laurence Scott and Rachel Chaput (2023) texapp “The trial court granted the modified permanent injunction pursuant to its authority under Texas Property Code Section 114.008, which provides: (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 or…”
— Tex. Prop. Code § 114.008(a)(1) — 1 case
Estate of Shirley L. Benson (2015) texapp
— Tex. Prop. Code § 114.008(a)(2) — 1 case
Frank Ahlgren III and the Copernican, LLC v. Frank Ahlgren Jr. and Elise Leake, as Co-Trustees of the Ahlgren Management (2023) texapp
— Tex. Prop. Code § 114.008(a)(3) — 5 cases
Ken Paxton, Attorney General of Texas v. City of Dallas (2017) tex “367(a) (referring to subpoena “compelling” testimony of witness or production of documents); TEX. PROP. CODE § 114.008(a)(3) (referring to court order “compel[ling]” trustee to pay money or restore property); TEX.”
In THE MATTER OF TRUST a AND TRUST C. ESTABLISHED UNDER THE BERNARD L. AND JEANNETTE FENENBOCK LIVING TRUST AGREEMENT, D (2024) tex “See TEX. PROP. CODE § 114.008(a)(3) (allowing a court to “compel[] the trustee to pay money or to restore property”); Slay v.”
Joan Gottlieb Mendell v. Laurence Scott and Rachel Chaput (2022) texapp
Estate of Shirley L. Benson (2015) texapp
in Re Daniel W. Warren, Beneficiary of the Daniel Steven Weiner 1996 Trust (2015) texapp
— Tex. Prop. Code § 114.008(a)(4) — 1 case
Frances Spanos Shelton v. Vernon Leuschner, and as Durable Power of Attorney for Katherine Leuschner, Robert Lee Spanos, (2025) texapp “36, 37 Tex. Prop. Code § 114.008 ...............”
— Tex. Prop. Code § 114.008(a)(5) — 12 cases
Elliott v. Weatherman (2013) texapp “” Tex. Prop.Code Ann. § 114.008(a)(5) (West 2007).”
Frances Spanos Shelton v. Vernon Leuschner, and as Durable Power of Attorney for Katherine Leuschner, Robert Lee Spanos, (2025) texapp
Frances Spanos Shelton v. Vernon Leuschner, and as Durable Power of Attorney for Katherine Leuschner, Robert Lee Spanos, (2025) texapp “9 TEX. PROP. CODE § 114.008 ...............”
In Re Frances Spanos Shelton v. the State of Texas (2025) texapp
Estate of Shirley L. Benson (2015) texapp
— Tex. Prop. Code § 114.008(a)(7) — 2 cases
Estate of Shirley L. Benson (2015) texapp
in Re Daniel W. Warren, Beneficiary of the Daniel Steven Weiner 1996 Trust (2015) texapp
— Tex. Prop. Code § 114.008(a)(8) — 2 cases
Swinnea v. ERI Consulting Engineers, Inc. (2007) texapp “, Tex. Prop.Code Ann. § 114.008(a)(8) (Vernon 2007) (court may reduce or deny compensation to trustee to remedy a breach of trust); Burrow v.”
Joan Gottlieb Mendell v. Laurence Scott and Rachel Chaput (2023) texapp “The trial court granted the modified permanent injunction pursuant to its authority under Texas Property Code Section 114.008, which provides: (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 or…”
— Tex. Prop. Code § 114.008(a)(9) — 1 case
In THE MATTER OF TRUST a AND TRUST C. ESTABLISHED UNDER THE BERNARD L. AND JEANNETTE FENENBOCK LIVING TRUST AGREEMENT, D (2024) tex “See TEX. PROP. CODE § 114.008(a)(3) (allowing a court to “compel[] the trustee to pay money or to restore property”); Slay v.”
— Tex. Prop. Code § 114.008(b) — 1 case
Bank of America, N.A. Ex Rel. U.S. Trust Co. of Texas, N.A. v. Stanley (2010) txsd
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