In re Green, 527 S.W.3d 277 (Tex. App.—El Paso 2016, orig. proceeding [mand. denied]).
Beneficiaries filed suit against Trustee, in both
his personal and representative capacities, in Crane County. Trustee
requested a transfer of venue under Trust Code § 115.002(b)(2) to Ector
County. Trustee demonstrated that he handled all trust affairs from his
office in Ector County. The trial court denied the motion because
Trustee had many contacts with Crane County such as being a registered
agent with a Crane County address for a business held in the trust and
the settlor’s will was probated in Crane County. Trustee sought a writ
of mandamus.
The appellate court conditionally granted the writ.
The court examined the evidence which showed that Trustee handled trust
affairs from Ector County. Trustee’s other contacts with Crane County
were irrelevant. Because there was a solid basis for Trustee’s transfer
motion, the court also held that the trial court abused its discretion
in awarding attorney’s fees.
Moral: A trust litigant should file in a
county with proper venue to avoid the delay and cost of venue
litigation.