Sec. 274.107. HEARING ON AGREEMENT TO SUBSTITUTE FIDUCIARIES. (a) A court may deny the substitution if the court, after notice and hearing, determines:
(1) if the substitution will not cause a change in the situs of administration of a fiduciary account, that the substitution is materially detrimental to the account or to its beneficiaries; or
(2) if the substitution will cause a change in the situs of administration of a fiduciary account, that the substitution is not in the best interests of the account or its beneficiaries.
(b) The court shall allow a substitution that will cause the situs of administration of a fiduciary account to change if the court, after notice and hearing, determines that the substitution is in the best interests of the account and its beneficiaries.
(c) In a proceeding under this section, the court may award costs and reasonable and necessary attorney's fees as the court considers equitable and just.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Subtitle Z - Miscellaneous Provisions Relating to Financial Institutions and Businesses
Chapter 274 - Substitute or Successor Fiduciary
Subchapter B. Subsidiary Trust Companies as Substitute or Successor Fiduciaries
Section 274.101. Agreement to Substitute Fiduciaries
Section 274.102. Situs of Account Administration
Section 274.103. Notice of Substitution
Section 274.104. Form of Notice of Substitution
Section 274.105. Failure to Send Notice of Substitution; Defective Notice
Section 274.106. Effective Date of Substitution of Fiduciaries
Section 274.107. Hearing on Agreement to Substitute Fiduciaries
Section 274.108. Subsidiary Trust Company as Substitute Fiduciary
Section 274.110. Failure to Send Notice of Change in Situs of Administration
Section 274.111. Effective Date of Change in Situs of Administration of Fiduciary Account
Section 274.112. Hearing on Change in Situs of Administration of Fiduciary Account
Section 274.114. Subsidiary Trust Company as Successor Fiduciary
Section 274.115. Bond of Successor Fiduciary
Section 274.116. Responsibility for Subsidiary Trust Company