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