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

Tex. Property Code § 112.008: CAPACITY OF TRUSTEE.

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Where this section sits in the code
  1. PROPERTY CODE
  2. TITLE 9. TRUSTS
  3. SUBTITLE B. TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS
  4. CHAPTER 112. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS
  5. SUBCHAPTER A. CREATION

(a) The trustee must have the legal capacity to take, hold, and transfer the trust property. If the trustee is a corporation, it must have the power to act as a trustee in this state.

(b) Except as provided by Section 112.034, the fact that the person named as trustee is also a beneficiary does not disqualify the person from acting as trustee if he is otherwise qualified.

(c) The settlor of a trust may be the trustee of the trust.

Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.

Collected 2026-08-27T01:47:37Z. Source file · JSON

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