Trust Litigation

Yes. Tex. Prop. Code § 113.151(a) lets a beneficiary demand in writing a written statement of accounts covering all transactions since the last accounting or since the trust was created, whichever is later. The trustee must deliver it on or before the 90th day after receiving the demand, unless a court orders a longer period. If the trustee does not, any beneficiary may file suit to compel delivery, and the court may award all or part of the costs of court and all of the suing beneficiary's reasonable and necessary attorney's fees against the trustee. One limit worth knowing before you demand: a trustee is not required to account more often than once every 12 months unless a court orders otherwise.

Tex. Prop. Code § 113.082(a) lets a court, on the petition of an interested person and after a hearing, remove a trustee and deny part or all of the trustee's compensation if the trustee materially violated or attempted to violate the terms of the trust and the violation caused a material financial loss to the trust; if the trustee becomes incapacitated or insolvent; if the trustee fails to make an accounting required by law or by the terms of the trust; or if the court finds other cause for removal. That last ground is where facts like entrenched hostility or a conflict that paralyzes administration are argued. Note the first ground has two halves — a violation plus material financial loss — so we build the loss record, not just the misconduct record.

Discretion is not unlimited. Trustees are fiduciaries who owe duties of loyalty, disclosure, and good-faith administration under the Texas Trust Code (Tex. Prop. Code ch. 111–117). When discretion is exercised in bad faith or to self-deal, it becomes reviewable rather than untouchable.