pjc-family-2024-lib

PJC 235.17

E XPRESS T RUSTS

PJC 235.17 Liability of Cotrustees—Not Modified by Document

If you answered [“Yes”] [“No”] [ see comment ] to Question ______, then answer the following question. Otherwise, do not answer the following ques tion. QUESTION 1 Was TRUSTEE ’s failure to insure the trust property a serious failure to com ply with his duties as trustee? Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to Question 1, then answer Question 2. Otherwise, do not answer Question 2. QUESTION 2 Did OTHER TRUSTEE exercise reasonable care to prevent TRUSTEE from failing to insure the trust property and to compel TRUSTEE to redress the fail ure to insure the trust property ? Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. The foregoing submission should be used if the trustee did not join in the action of a cotrustee. Such a trustee is not liable for the cotrustee’s action unless the trustee does not exercise reasonable care to prevent a cotrustee from committing a serious breach of trust and to compel a cotrustee to redress a serious breach of trust. Tex. Prop. Code § 114.006. Wording conditioning instruction. This PJC is predicated on a finding of breach of fiduciary duty: a “Yes” answer to PJC 235.9 (breach of duty by trustee—other than self-dealing) or PJC 235.12 (breach of duty by trustee—self-dealing—duty of loyalty eliminated), or a “No” answer to PJC 235.10 (breach of duty by trustee—self dealing—duties not modified or eliminated by trust) or PJC 235.11 (breach of duty by trustee—self-dealing—duties modified but not eliminated by trust).

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