4 Texas Probate, Estate and Trust Administration § 82.04B


Summary

  • [1] Comment
    • [a] Use of Form

      The following form may be used to petition the court for the appointment of a successor trustee when the provisions of the trust instrument do not supply a method of succession or when all interested parties do not consent to the appointment of a successor trustee.1Link to the text of the note The form may be used alone or in combination with a petition for the trustee’s resignation2Link to the text of the note or removal.3Link to the text of the note

      The petition should contain the names of all necessary parties within the meaning of the Texas Trust Code. The only necessary parties are: (1) a beneficiary on whose act or obligation the proceeding is predicated; (2) a person designated by name in the instrument creating the trust, other than a beneficiary whose interest has been distributed, extinguished, terminated, or paid; and (3) a person who is actually receiving distributions from the trust estate at the time the proceeding is filed. Contingent beneficiaries designated as a class ...