Removal

Limitation period for removal of a trustee

Robert Ray

The Texas Supreme Court ruled in June 2009 that there is no statute of limitations for removal of a trustee.

A beneficiary filed suit to remove the trustee of a trust set up for the benefit of the beneficiary. The trustee, although acknowledging breaches of fiduciary duty, contested the removal on the basis that more than four years had elapsed since the breaches.  She claimed that the four year statute of limitations applied to the removal.

The Supreme Court ruled that the statute of limitations did not bar the removal.  I have discussed the case in more detail here.

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The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
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