The Texas Supreme Court ruled in June 2009 that there is no statute of limitations for removal of a trustee.
A beneficiary filed suit to remove the trustee of a trust set up for the benefit of the beneficiary. The trustee, although acknowledging breaches of fiduciary duty, contested the removal on the basis that more than four years had elapsed since the breaches. She claimed that the four year statute of limitations applied to the removal.
The Supreme Court ruled that the statute of limitations did not bar the removal. I have discussed the case in more detail here.
I’m so confused about how to go abpout removing a trustee. I hired an attroney who wrote several letters and left several voice mails to the trustee since the annual accounting was overdue. There are also overdue property taxes that have not been paid. He will not respond to any correspondence or voice mails. I’m not certain if he has disappeared and taken everything we own or what. What is my next step? I don’t have the funds available to hire a litagator but perhaps I can take out a loan to do this and can sue for those costs?