Texas Fiduciary Litigator: Corporate Trustee’s Statements May Suffice For a Statutory Accounting (September 22, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses the Texas Trust Code Section 113.151.

Trust beneficiaries often request a corporate trustee to prepare a statutory accounting. The Texas Trust Code in Section 113.151 provides that a beneficiary may request a written statement of accounts. Tex. Prop. Code 113.151. Regarding what information needs to be contained in a written statement of accounts, parties and the courts must first look to the terms of the trust. Tex. Prop. Code § 111.0035(b). As one commentator provides: “The settlor may specify in the terms of the trust instrument what must be contained in an accounting by the trustee. When the trust instrument is silent concerning the contents of an accounting, the Trust Code provides a list of items that must be included in every accounting.” 4 Texas Probate, Estate and Trust Administration § 81.63. A trustee and a court should give deference to the trust document and follow its requirements (whether more stringent or less stringent than a statutes require).

Where the trust document is silent, the parties should refer to the Texas Trust Code. The Texas Trust Code provides: “A written statement of accounts shall show: (1) all trust property that has come to the trustee’s knowledge or into the trustee’s possession and that has not been previously listed or inventoried as property of the trust; (2) a complete account of receipts, disbursements, and other transactions regarding the trust property for the period covered by the account, including their source and nature, with receipts of principal and income shown separately; (3) a listing of all property being administered, with an adequate description of each asset; (4) the cash balance on hand and the name and location of the depository where the balance is kept; and (5) all known liabilities owed by the trust.” Tex. Prop. Code § 113.152.

To see the full article, click: “Corporate Trustee’s Statements May Suffice For a Statutory Accounting”

Posted by Marin Larkin, Associate Editor, Wealth Strategies Journal.

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