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 removing a trustee.

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

In Ditta v. Conte, 298 S.W.3d 187, the Texas Supreme Court ruled that the statute of limitations did not bar the removal. I have discussed the case in more detail here.

If there is an ongoing breach of fiduciary duty, no limitations apply. If there is one event complained of, the four-year limitations apply. See here. If the four-year limitations apply, there might be an issue with the discovery rule and when the breach could have been discovered. 04-16-00476-CV.

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Robert Ray

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