Matter of Estate of Moore, 553 S.W.3d 533 (Tex. App.—2018 El Paso, no pet.).


Trustee Removal


The alternate trustee, rather than the primary trustee, began administering a trust in 1993. The alternate trustee had authority to do so because the primary trustee failed to act as the trustee. Over two decades later, the primary trustee filed an action to remove the alternate trustee from office. The alternate trustee did not receive notice of this proceeding. A trustee is a necessary party to a proceeding involving a trust under Property Code § 115.011(b)(4). Accordingly, the appellate court held that the lower court’s order removing the alternate trustee and appointing the primary trustee was void.


Moral:  In all trust actions, the trustee must be given proper notice.