Sec. 112.087. COMPENSATION OF TRUSTEE. (a) Except as provided by Subsection (b) and unless a court, on application of the authorized trustee, directs otherwise, the trustee may not exercise a power under Section 112.072 or 112.073 solely to change trust provisions regarding the determination of the compensation of any trustee.
(b) An authorized trustee, in connection with the exercise of a power under Section 112.072 or 112.073 for another valid and reasonable purpose, may bring the trustee's compensation into conformance with reasonable limits authorized by state law.
(c) The compensation payable to an authorized trustee of the first trust may continue to be paid to the trustee of the second trust during the term of the second trust and may be determined in the same manner as the compensation would have been determined in the first trust.
(d) An authorized trustee may not receive a commission or other compensation for the distribution of a particular asset from a first trust to a second trust under Section 112.072 or 112.073.
Added by Acts 2013, 83rd Leg., R.S., Ch. 699 (H.B. 2913), Sec. 3, eff. September 1, 2013.
Structure Texas Statutes
Subtitle B - Texas Trust Code: Creation, Operation, and Termination of Trusts
Chapter 112 - Creation, Validity, Modification, and Termination of Trusts
Subchapter D. Distribution of Trust Principal in Further Trust
Section 112.0715. Creation of Second Trust
Section 112.072. Distribution to Second Trust: Trustee With Full Discretion
Section 112.073. Distribution to Second Trust: Trustee With Limited Discretion
Section 112.074. Notice Required
Section 112.075. Written Instrument Required
Section 112.076. Reference to Trust Terms
Section 112.077. Settlor of Second Trust
Section 112.078. Court-Ordered Distribution
Section 112.079. Divided Discretion
Section 112.080. Later Discovered Assets
Section 112.081. Other Authority to Distribute in Further Trust Not Limited
Section 112.082. Need for Distribution Not Required
Section 112.083. Duties Not Created
Section 112.084. Certain Distributions Prohibited
Section 112.085. Exceptions to Power of Distribution