Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, January 31, 2008

Beneficiary has no standing to challenge the actions of a trustee while the settlor can revoke

TexasFather created a revocable trust with himself and his son as co-trustees.  Before his death, father sold stock held in the trust to his son.

After the father’s death, his daughter, who is a beneficiary of the trust, brought suit against the son several grounds including beach of duty and negligence.

Describing this as a case of first impression, the court held that the daughter lacked standing to complain about the settlor’s actions with regard to trust property which occurred while the settlor had the power to revoke.  Moon v. Lesikar, 230 S.W.3d 800 (Tex. App. 2007).

https://lawprofessors.typepad.com/trusts_estates_prof/2008/01/beneficiary-has.html

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