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.