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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Estates Code § 456.0045: PRIVATE CAUSE OF ACTION.

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Where this section sits in the code
  1. ESTATES CODE
  2. TITLE 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY
  3. SUBTITLE J. ADDITIONAL MATTERS RELATING TO THE ADMINISTRATION OF CERTAIN ESTATES
  4. CHAPTER 456. DISBURSEMENT AND CLOSING OF LAWYER TRUST OR ESCROW ACCOUNTS

(a) If an eligible institution violates Section 456.003, a person aggrieved by the violation may bring an action against the eligible institution to:

(1) obtain declaratory or injunctive relief to enforce the section; and

(2) recover damages to the same extent the person would be entitled to damages had the eligible institution acted in the same manner with respect to the deceased lawyer before the lawyer's death.

(b) A person who prevails in an action under this section may recover court costs and reasonable attorney's fees.

Added by Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 36, eff. September 1, 2017.

Collected 2026-08-27T01:47:08Z. Source file · JSON

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