When a loved one leaves a trust, the trustee is supposed to safeguard those assets and manage them in the beneficiary’s best interest. But trustees don’t always meet that mark. Sometimes they stop communicating, mishandle money, or simply can’t keep up with the job.
In Texas, beneficiaries don’t have to stay stuck with a trustee who isn’t doing the work. State law gives you a path to replace a trustee. This can be achieved using the trust document itself or, when necessary, through the courts.
When you can seek removal
Texas law allows a court to remove a trustee when certain problems arise. Under the Texas Property Code, a judge may remove a trustee if they:
- Materially violate the terms of the trust, causing a financial loss
- Become incapacitated or insolvent
- Fail to provide a required accounting
- Create other cause for removal, as determined by the court
These issues often show up as missing reports, unexplained withdrawals, poor investment decisions or a failure of the trustee to communicate.
How the process works
Most trusts include instructions for replacing a trustee. If the document names a successor trustee or outlines a removal procedure, those terms usually control the removal.
If the trust is silent or if the situation calls for court involvement, “interested persons” (often beneficiaries) can file petitions asking the Texas courts to remove the trustees. The court reviews the evidence and hears the testimony before deciding whether removal is justified under the statute. If so, the judge can appoint a new trustee to step in and stabilize the trust’s administration.
Why acting promptly matters
A struggling trustee can cause real financial harm. Delays in disbursements, poor record‑keeping or mismanagement can shrink the trust’s value over time. Replacing a trustee early can protect the assets your loved one intended you to receive.
Learn more about your rights
Trust disputes are stressful, especially when they involve family or someone your loved one once trusted. Finding a solid legal professional to guide you through the process, gather the right evidence and present a clear case for removal can reduce any unnecessary conflict.