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.

UPDATES

There are new cases all the time that clarify or change the law on inheritance disputes. Keep up-to-date by subscribing to our blog.

'

Subscribe

Recent Posts

Removal Suits May be Subject to the Texas Anti-SLAPP, TCPA Law

Removal Suits May be Subject to the Texas Anti-SLAPP, TCPA Law

Problems with Removal of Trustee or Executor Trustees and executors are fiduciaries and owe duties to the beneficiaries of the trust or estate that they are in charge of. If they breach those duties, they can be removed. The Texas Anti-SLAPP, TCPA, law was established...

Learn About a Trustee’s Conflict of Interest in Texas

In Texas a fiduciary can be removed if he has a conflict of interest with the beneficiary. In a recent case, two brothers owned a farm.  Both had done extra work on the farm.  One of the brothers died.  The one that died had an ex-wife and two children.  He left his...

Read About Gross Mismanagement by a Trustee.

A fiduciary can be removed because of gross mismanagement. In a recent case, an attorney was appointed as the Independent Executor of his great uncle's estate.  He was not a beneficiary under the will.  He hired himself to be the attorney for the estate.  The will did...

Breach of Fiduciary Duty has a Four Year Statute of Limitations

I wrote an article that explains that executors, trustees, people holding a power of attorney and others are fiduciaries. You can view that here.I have written before about the limitations period for breach of fiduciary duty here.  In that article, I talked about a...

Oral Statements by the Testator about a Texas Will

When a person tells someone how he wants his property handled when he dies but he has a written will or trust, the oral statements will not change how his property is handled if the will or trust is unambiguous. Problem Someone testifies in a Texas will or trust...

Can An Executor Sell Property To Himself

Facts Can an executor sell property to himself? An executor, a trustee, and a holder of a power of attorney are all fiduciaries and owe the upmost duty to those they serve. In a Texas case out of the Houston Court of Appeals in 2016, a will had given a certain piece...

The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
© Copyright 2023 | All Rights Reserved.

Pin It on Pinterest

Share This