reglab/housing_qa huggingface dataset:
TX Prop § 114.031 (2021)
2021 Texas Statutes|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|Subchapter B. Liability of Beneficiary|Section 114.031. Liability of Beneficiary to Trustee

Sec. 114.031.  LIABILITY OF BENEFICIARY TO TRUSTEE.  (a)  A beneficiary is liable for loss to the trust if the beneficiary has:(1)  misappropriated or otherwise wrongfully dealt with the trust property;(2)  expressly consented to, participated in, or agreed with the trustee to be liable for a breach of trust committed by the trustee;(3)  failed to repay an advance or loan of trust funds;(4)  failed to repay a distribution or disbursement from the trust in excess of that to which the beneficiary is entitled;  or(5)  breached a contract to pay money or deliver property to the trustee to be held by the trustee as part of the trust.(b)  Unless the terms of the trust provide otherwise, the trustee is authorized to offset a liability of the beneficiary to the trust estate against the beneficiary's interest in the trust estate, regardless of a spendthrift provision in the trust.|Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.|
TX Prop § 114.032 (2021)
2021 Texas Statutes|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|Subchapter B. Liability of Beneficiary|Section 114.032. Liability for Written Agreements

Sec. 114.032.  LIABILITY FOR WRITTEN AGREEMENTS.  (a)  A written agreement between a trustee and a beneficiary, including a release, consent, or other agreement relating to a trustee's duty, power, responsibility, restriction, or liability, is final and binding on the beneficiary and any person represented by a beneficiary as provided by this section if:(1)  the instrument is signed by the beneficiary;(2)  the beneficiary has legal capacity to sign the instrument;  and(3)  the beneficiary has full knowledge of the circumstances surrounding the agreement.(b)  A written agreement signed by a beneficiary who has the power to revoke the trust or the power to appoint, including the power to appoint through a power of amendment, the income or principal of the trust to or for the benefit of the beneficiary, the beneficiary's creditors, the beneficiary's estate, or the creditors of the beneficiary's estate is final and binding on any person who takes under the power of appointment or who takes in default if the power of appointment is not executed.(c)  A written instrument is final and binding on a beneficiary who is a minor if:(1)  the minor's parent, including a parent who is also a trust beneficiary, signs the instrument on behalf of the minor;(2)  no conflict of interest exists;  and(3)  no guardian, including a guardian ad litem, has been appointed to act on behalf of the minor.(d)  A written instrument is final and binding on an unborn or unascertained beneficiary if a beneficiary who has an interest substantially identical to the interest of the unborn or unascertained beneficiary signs the instrument.  For purposes of this subsection, an unborn or unascertained beneficiary has a substantially identical interest only with a trust beneficiary from whom the unborn or unascertained beneficiary descends.(e)  This section does not apply to a written instrument that modifies or terminates a trust in whole or in part unless the instrument is otherwise permitted by law.|Added by Acts 1999, 76th Leg., ch. 794, Sec. 3, eff. Sept. 1, 1999.|
TX Prop § 114.061 (2021)
2021 Texas Statutes|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|Subchapter C. Rights of Trustee|Section 114.061. Compensation

Sec. 114.061.  COMPENSATION.  (a)  Unless the terms of the trust provide otherwise and except as provided in Subsection (b) of this section, the trustee is entitled to reasonable compensation from the trust for acting as trustee.(b)  If the trustee commits a breach of trust, the court may in its discretion deny him all or part of his compensation.|Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.|
TX Prop § 114.062 (2021)
2021 Texas Statutes|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|Subchapter C. Rights of Trustee|Section 114.062. Exoneration or Reimbursement for Tort

Sec. 114.062.  EXONERATION OR REIMBURSEMENT FOR TORT.  (a)  Except as provided in Subsection (b) of this section, a trustee who incurs personal liability for a tort committed in the administration of the trust is entitled to exoneration from the trust property if the trustee has not paid the claim or to reimbursement from the trust property if the trustee has paid the claim, if:(1)  the trustee was properly engaged in a business activity for the trust and the tort is a common incident of that kind of activity;(2)  the trustee was properly engaged in a business activity for the trust and neither the trustee nor an officer or employee of the trustee is guilty of actionable negligence or intentional misconduct in incurring the liability;  or(3)  the tort increased the value of the trust property.(b)  A trustee who is entitled to exoneration or reimbursement under Subdivision (3) of Subsection (a) is entitled to exoneration or reimbursement only to the extent of the increase in the value of the trust property.|Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.|
TX Prop § 114.063 (2021)
2021 Texas Statutes|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|Subchapter C. Rights of Trustee|Section 114.063. General Right to Reimbursement

Sec. 114.063.  GENERAL RIGHT TO REIMBURSEMENT.  (a)  A trustee may discharge or reimburse himself from trust principal or income or partly from both for:(1)  advances made for the convenience, benefit, or protection of the trust or its property;(2)  expenses incurred while administering or protecting the trust or because of the trustee's holding or owning any of the trust property;  and(3)  expenses incurred for any action taken under Section 113.025.(b)  The trustee has a lien against trust property to secure reimbursement under Subsection (a).(c)  A potential trustee is entitled to reimbursement from trust principal or income or partly from both for reasonable expenses incurred for any action taken under Section 113.025(a) if:(1)  a court orders reimbursement or the potential trustee has entered into a written agreement providing for reimbursement with the personal representative of the estate, the trustee of the trust, the settlor, the settlor's attorney-in-fact, the settlor's personal representative, or the person or entity designated in the trust instrument or will to appoint a trustee;  and(2)  the potential trustee has been appointed trustee under the terms of the trust instrument or will or has received a written request to accept the trust from the settlor, the settlor's attorney-in-fact, the settlor's personal representative, or the person or entity designated in the trust instrument or will to appoint a trustee.|Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.  Amended by Acts 1993, 73rd Leg., ch. 846, Sec. 31, eff. Sept. 1, 1993.|
TX Prop § 114.064 (2021)
2021 Texas Statutes|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|Subchapter C. Rights of Trustee|Section 114.064. Costs

Sec. 114.064.  COSTS.  (a)   In any proceeding under this code the court may make such award of costs and reasonable and necessary attorney's fees as may seem equitable and just.|Added by Acts 1985, 69th Leg., ch. 149, Sec. 4, eff. May 24, 1985.|
TX Prop § 114.081 (2021)
2021 Texas Statutes|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|Subchapter D. Third Persons|Section 114.081. Protection of Person Dealing With Trustee

Sec. 114.081.  PROTECTION OF PERSON DEALING WITH TRUSTEE.  (a)  A person who deals with a trustee in good faith and for fair value actually received by the trust is not liable to the trustee or the beneficiaries of the trust if the trustee has exceeded the trustee's authority in dealing with the person.(b)  A person other than a beneficiary is not required to inquire into the extent of the trustee's powers or the propriety of the exercise of those powers if the person:(1)  deals with the trustee in good faith; and(2)  obtains:(A)  a certification of trust described by Section 114.086; or(B)  a copy of the trust instrument.(c)  A person who in good faith delivers money or other assets to a trustee is not required to ensure the proper application of the money or other assets.(d)  A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated, is protected from liability as if the former trustee were still a trustee.(e)  Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.|Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.Amended by: Acts 2007, 80th Leg., R.S., Ch. 451 (H.B. 564), Sec. 9, eff. September 1, 2007.|
TX Prop § 114.082 (2021)
2021 Texas Statutes|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|Subchapter D. Third Persons|Section 114.082. Conveyance by Trustee

Sec. 114.082.  CONVEYANCE BY TRUSTEE.  If property is conveyed or transferred to a trustee in trust but the conveyance or transfer does not identify the trust or disclose the names of the beneficiaries, the trustee may convey, transfer, or encumber the title of the property without subsequent question by a person who claims to be a beneficiary under the trust or who claims by, through, or under an undisclosed beneficiary.|Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.  Amended by Acts 1987, 70th Leg., ch. 683, Sec. 4, eff. Aug. 31, 1987.|
TX Prop § 114.0821 (2021)
2021 Texas Statutes|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|Subchapter D. Third Persons|Section 114.0821. Liability of Trust Property

Sec. 114.0821.  LIABILITY OF TRUST PROPERTY.  Although trust property is held by the trustee without identifying the trust or its beneficiaries, the trust property is not liable to satisfy the personal obligations of the trustee.|Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.  Renumbered from Sec. 114.082(b) by Acts 1987, 70th Leg., ch. 683, Sec. 4, eff. Aug. 31, 1987.|
TX Prop § 114.083 (2021)
2021 Texas Statutes|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|Subchapter D. Third Persons|Section 114.083. Rights and Liabilities for Committing Torts

Sec. 114.083.  RIGHTS AND LIABILITIES FOR COMMITTING TORTS.  (a)  A personal liability of a trustee or a predecessor trustee for a tort committed in the course of the administration of the trust may be collected from the trust property if the trustee is sued in a representative capacity and the court finds that:(1)  the trustee was properly engaged in a business activity for the trust and the tort is a common incident of that kind of activity;(2)  the trustee was properly engaged in a business activity for the trust and neither the trustee nor an officer or employee of the trustee is guilty of actionable negligence or intentional misconduct in incurring the liability;  or(3)  the tort increased the value of the trust property.(b)  A trust that is liable for the trustee's tort under Subdivision (3) of Subsection (a) is liable only to the extent of the permanent increase in value of the trust property.(c)  A plaintiff in an action against the trustee as the representative of the trust does not have to prove that the trustee could have been reimbursed by the trust if the trustee had paid the claim.(d)  Subject to the rights of exoneration or reimbursement under Section 114.062, the trustee is personally liable for a tort committed by the trustee or by the trustee's agents or employees in the course of their employment.|Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.|
TX Prop § 114.084 (2021)
2021 Texas Statutes|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|Subchapter D. Third Persons|Section 114.084. Contracts of Trustee

Sec. 114.084.  CONTRACTS OF TRUSTEE.  (a)  If a trustee or a predecessor trustee makes a contract that is within his power as trustee and a cause of action arises on the contract, the plaintiff may sue the trustee in his representative capacity, and a judgment rendered in favor of the plaintiff is collectible by execution against the trust property.  The plaintiff may sue the trustee individually if the trustee made the contract and the contract does not exclude the trustee's personal liability.(b)  The addition of "trustee" or "as trustee" after the signature of a trustee who is party to a contract is prima facie evidence of an intent to exclude the trustee from personal liability.(c)  In an action on a contract against a trustee in the trustee's representative capacity the plaintiff does not have to prove that the trustee could have been reimbursed by the trust if the trustee had paid the claim.|Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.|
TX Prop § 114.085 (2021)
2021 Texas Statutes|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|Subchapter D. Third Persons|Section 114.085. Partnerships

Sec. 114.085.  PARTNERSHIPS.  (a)  To the extent allowed by law, a trustee who takes the place of a deceased partner in a general partnership in accordance with the articles of partnership is liable to third persons only to the extent of the:(1)  deceased partner's capital in the partnership;  and(2)  trust funds held by the trustee.(b)  A trustee who contracts to enter a general partnership in its capacity as trustee shall limit, to the extent allowed by law, the trust's liability to:(1)  the trust assets contributed to the partnership;  and(2)  other assets of the trust under the management of the contracting trustee.(c)  If another provision of this subtitle conflicts with this section, this section controls.  This section does not exonerate a trustee from liability for negligence.|Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.|
TX Prop § 115.001 (2021)
2021 Texas Statutes|Property Code|Title 9 - Trusts|Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts|Chapter 115 - Jurisdiction, Venue, and Proceedings|Subchapter A. Jurisdiction and Venue|Section 115.001. Jurisdiction

Sec. 115.001.  JURISDICTION.  (a)  Except as provided by Subsection (d) of this section, a district court has original and exclusive jurisdiction over all proceedings by or against a trustee and all proceedings concerning trusts, including proceedings to:(1)  construe a trust instrument;(2)  determine the law applicable to a trust instrument;(3)  appoint or remove a trustee;(4)  determine the powers, responsibilities, duties, and liability of a trustee;(5)  ascertain beneficiaries;(6)  make determinations of fact affecting the administration, distribution, or duration of a trust;(7)  determine a question arising in the administration or distribution of a trust;(8)  relieve a trustee from any or all of the duties, limitations, and restrictions otherwise existing under the terms of the trust instrument or of this subtitle;(9)  require an accounting by a trustee, review trustee fees, and settle interim or final accounts; and(10)  surcharge a trustee.(a-1)  The list of proceedings described by Subsection (a) over which a district court has exclusive and original jurisdiction is not exhaustive.  A district court has exclusive and original jurisdiction over a proceeding by or against a trustee or a proceeding concerning a trust under Subsection (a) whether or not the proceeding is listed in Subsection (a).(b)  The district court may exercise the powers of a court of equity in matters pertaining to trusts.(c)  The court may intervene in the administration of a trust to the extent that the court's jurisdiction is invoked by an interested person or as otherwise provided by law.  A trust is not subject to continuing judicial supervision unless the court orders continuing judicial supervision.(d)  The jurisdiction of the district court is exclusive except for jurisdiction conferred by law on:(1)  a statutory probate court;(2)  a court that creates a trust under Subchapter B, Chapter 1301, Estates Code;(3)  a court that creates a trust under Section 142.005;(4)  a justice court under Chapter 27, Government Code; or(5)  a county court at law.|Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984;  Acts 1997, 75th Leg., ch. 1375, Sec. 5, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 22, eff. January 1, 2006.Acts 2007, 80th Leg., R.S., Ch. 451 (H.B. 564), Sec. 11, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 657 (S.B. 1197), Sec. 4, eff. September 1, 2011.Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.060, eff. September 1, 2017.|
TX Prop § 115.011 (2021)
2021 Texas Statutes|Property Code|Title 9 - Trusts|Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts|Chapter 115 - Jurisdiction, Venue, and Proceedings|Subchapter B. Parties, Procedure, and Judgments|Section 115.011. Parties

Sec. 115.011.  PARTIES.  (a)  Any interested person may bring an action under Section 115.001 of this Act.(b)  Contingent beneficiaries designated as a class are not necessary parties to an action under Section 115.001.  The only necessary parties to such an action are:(1)  a beneficiary of the trust on whose act or obligation the action is predicated;(2)  a beneficiary of the trust designated by name, other than a beneficiary whose interest has been distributed, extinguished, terminated, or paid;(3)  a person who is actually receiving distributions from the trust estate at the time the action is filed; and(4)  the trustee, if a trustee is serving at the time the action is filed.(c)  The attorney general shall be given notice of any proceeding involving a charitable trust as provided by Chapter 123 of this code.(d)  A beneficiary of a trust may intervene and contest the right of the plaintiff to recover in an action against the trustee as representative of the trust for a tort committed in the course of the trustee's administration or on a contract executed by the trustee.|Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984;  Acts 1995, 74th Leg., ch. 172, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 23, eff. January 1, 2006.Acts 2011, 82nd Leg., R.S., Ch. 657 (S.B. 1197), Sec. 6, eff. September 1, 2011.|
TX Prop § 115.012 (2021)
2021 Texas Statutes|Property Code|Title 9 - Trusts|Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts|Chapter 115 - Jurisdiction, Venue, and Proceedings|Subchapter B. Parties, Procedure, and Judgments|Section 115.012. Rules of Procedure

Sec. 115.012.  RULES OF PROCEDURE.  Except as otherwise provided, all actions instituted under this subtitle are governed by the Texas Rules of Civil Procedure and the other statutes and rules that are applicable to civil actions generally.|Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.|
TX Prop § 115.013 (2021)
2021 Texas Statutes|Property Code|Title 9 - Trusts|Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts|Chapter 115 - Jurisdiction, Venue, and Proceedings|Subchapter B. Parties, Procedure, and Judgments|Section 115.013. Pleadings and Judgments

Sec. 115.013.  PLEADINGS AND JUDGMENTS.  (a)  Actions and proceedings involving trusts are governed by this section.(b)  An affected interest shall be described in pleadings that give reasonable information to an owner by name or class, by reference to the instrument creating the interest, or in other appropriate manner.(c)  A person is bound by an order binding another in the following cases:(1)  an order binding the sole holder or all coholders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, binds other persons to the extent their interests, as objects, takers in default, or otherwise are subject to the power;(2)  to the extent there is no conflict of interest between them or among persons represented:(A)  an order binding a guardian of the estate or a guardian ad litem binds the ward;  and(B)  an order binding a trustee binds beneficiaries of the trust in proceedings to review the acts or accounts of a prior fiduciary and in proceedings involving creditors or other third parties;(3)  if there is no conflict of interest and no guardian of the estate or guardian ad litem has been appointed, a parent may represent his minor child as guardian ad litem or as next friend;  and(4)  an unborn or unascertained person who is not otherwise represented is bound by an order to the extent his interest is adequately represented by another party having a substantially identical interest in the proceeding.(d)  Notice under Section 115.015 shall be given either to a person who will be bound by the judgment or to one who can bind that person under this section, and notice may be given to both.  Notice may be given to unborn or unascertained persons who are not represented under Subdivision (1) or (2) of Subsection (c) by giving notice to all known persons whose interests in the proceedings are substantially identical to those of the unborn or unascertained persons.|Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.Amended by: Acts 2009, 81st Leg., R.S., Ch. 672 (H.B. 2368), Sec. 4, eff. September 1, 2009.|