pjc-family-2024-lib

E XPRESS T RUSTS

PJC 235.7

PJC 235.7 Acceptance of Trust by Trustee PJC 235.7A Acceptance of Trust by Trustee—Instruction— Duties under Trust A trustee accepts a trust by exercising powers or performing duties under the trust. PJC 235.7B Acceptance of Trust by Trustee—Instruction— Specific Trust Provision A trustee accepts a trust by following this trust provision: [ specify require ments from trust instrument ]. PJC 235.7C Acceptance of Trust by Trustee—Question QUESTION ______ Did TRUSTEE accept the trust? Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. If the trustee has not signed the trust agreement, there may be a fact question whether he ever accepted the position. See Blieden v. Greenspan , 751 S.W.2d 858 (Tex. 1988) (per curiam). If the named trustee has signed the trust agreement, his acceptance is conclusively established and no jury question should be submitted. Tex. Prop. Code § 112.009(a). If the person named as trustee exercises powers or performs duties under the trust, with the exceptions noted in Tex. Prop. Code § 112.009(a)(1), (a)(2), he is presumed to have accepted the trust. If the trust instrument specifies a particular procedure to be followed for the trustee to accept the trust, his failure to strictly comply with the terms of the trust will render his “acceptance” ineffective. See Alpert v. Riley , 274 S.W.3d 277 (Tex. App.—Houston [1st Dist.] 2008, pet. denied) (purported trustee did not accept trusteeship in accordance with trust’s terms, thus precluding his status as suc cessor trustee).

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