pjc-family-2024-lib

PJC 235.11

E XPRESS T RUSTS

Houston [14th Dist.] 2001, pet. denied) (executor could recover attorney’s fees in removal action despite breaches of fiduciary duty as long as he subjectively believed his defense was viable and his belief was reasonable under existing law). But note that in other contexts—for example, forfeiture and attorney’s fees—the disjunctive stan dard (“or”) is used. The Committee expresses no opinion on whether the definitions are appropriate for use in other contexts. Rewording for other types of transactions and duties. The phrases purchase of trust property and purchase of the trust property was for fair and adequate consider ation should be replaced with language reflecting the specific type of transaction in issue. See Tex. Prop. Code §§ 113.052–.057, which prohibit certain self-dealing trans actions, with some exceptions. However, even these prohibitions may be modified or eliminated by the trust document. Tex. Prop. Code § 111.0035. Burden of proof. Unless the duty of loyalty has been completely eliminated, the Committee believes the burden of proof remains on the trustee. See comments regard ing burden of proof in PJC 235.10 (breach of duty by trustee—self-dealing—duties not modified or eliminated by trust).

282