הטקסט המלא של מדריך זה באנגלית; התקציר שלמעלה בשפתכם. תקצירי החוקים והנוסח האנגלי נשארים המקור המחייב.
Money · 6 דק' קריאה
Start from the statement you will have to produce
Section 113.152 provides that a written statement of accounts shall show all trust property that has come to the trustee's knowledge or possession and has not previously been listed; a complete account of receipts, disbursements and other transactions for the period, including their source and nature, with receipts of principal and income shown separately; a listing of all property being administered with an adequate description of each asset; the cash balance on hand and the name and location of the depository; and all known liabilities owed by the trust.
Read backward, that is the chart of accounts: an opening inventory of what the trust holds, a ledger of every receipt and disbursement with a source, a nature and a principal-or-income column, a running asset list, the bank and brokerage statements, and a liabilities list. A trustee who keeps those five things current can meet a §113.151 demand within its 90 days without rebuilding anything.
Principal and income, kept apart
The statute's insistence that receipts of principal and income be shown separately is not an accounting nicety: in most trusts different beneficiaries take income and principal, and the trustee's duty of impartiality among them (§117.008) depends on the line being drawn correctly. Texas's Uniform Principal and Income Act in chapter 116 supplies the allocation rules where the instrument is silent — which receipts are income, which disbursements are charged to principal, how a trustee may adjust between the two.
In practice the separation is a column in the ledger and a habit at every deposit: dividends and rent on one side, sale proceeds and the opening assets on the other, with the instrument's own definitions overriding the chapter's defaults where it has them. A licensed Texas attorney or a CPA familiar with fiduciary accounting can set the categories once; after that it is bookkeeping.
Receipts for every distribution, and the release that closes a share
Every distribution should leave a receipt: who received what, when, from which account, under which clause. The receipt is the trustee's evidence in the §113.152 account and the first line of defense against a later claim that a share was never paid. For the final distribution most Texas trustees also ask for a release — and the Code says what makes one hold.
Section 114.005 provides that a beneficiary who has full legal capacity and is acting on full information may relieve a trustee from any duty, responsibility, restriction or liability, including liability for past violations, by a written release delivered to the trustee. Section 114.032 makes a written agreement between trustee and beneficiary final and binding when the beneficiary signs with capacity and full knowledge of the circumstances. The accounting, delivered before the release is signed, is what supplies the full information both sections require.
Keeping the trust's money the trust's
A trust account in the trust's name, with the trust's taxpayer identification number after the settlor's death, is the simplest protection a trustee has: it keeps the trust's property identified and separate, it makes the depository and the cash balance the statute asks for easy to state, and it prevents the commingling the common-law duties §113.051 imports forbid. Paying a trust expense from a personal card and reimbursing later is the habit that turns a clean ledger into a reconstruction project.
Retention matters as long as a beneficiary could ask: the limitations periods the Code sets for claims against a trustee run, in general terms, from the time a beneficiary knew or should have known of the facts, and an accounting delivered and kept is how that knowledge is shown. TrusteeClear's ledger keeps the columns, the receipts and the statements in one dated record, exportable in the §113.152 order.
החוקים, מילה במילה
Demand for accounting
§ PR.113.151 ↗הסבר ברור ופשוט; נוסח החוק המילולי טרם אושר בספרייה שלנו. ראו את החוק הרשמי בקישור למעלה.
Contents of accounting
§ PR.113.152 ↗הסבר ברור ופשוט; נוסח החוק המילולי טרם אושר בספרייה שלנו. ראו את החוק הרשמי בקישור למעלה.
Release of liability by beneficiary
§ PR.114.005 ↗הסבר ברור ופשוט; נוסח החוק המילולי טרם אושר בספרייה שלנו. ראו את החוק הרשמי בקישור למעלה.
שאלות נפוצות
What records does a Texas trustee have to keep?
The Code does not list records; it lists what a statement of accounts must show (§113.152): newly known property, every receipt and disbursement with source and nature, principal and income separated, every asset administered, the cash balance and depository, and all known liabilities. Records sufficient to produce that statement within 90 days of a demand (§113.151) are the standard in practice.
Does a Texas trustee need a separate bank account?
The Code does not say so in a sentence, but the duties it imports — to keep trust property separate and identified, and to state the cash balance and depository in an accounting (§113.152) — are met in practice by an account in the trust's name. Commingling is the breach most often found behind a disputed accounting.
When is a beneficiary's release binding in Texas?
When it is in writing, delivered to the trustee, and signed by a beneficiary with full legal capacity acting on full information (§114.005); a written agreement about a trustee's duties or liability binds on the same conditions (§114.032). The accounting is what supplies the full information.
קריאה קשורה
מוצר זה אינו תחליף לייעוץ של עורך דין.
מרכז הלמידה הוא מידע כללי על חוק טקסס — לא ייעוץ משפטי ולא תחליף לייעוץ מעורך דין מורשה בטקסס על העובדות שלכם. TrusteeClear היא תוכנה, לא משרד עורכי דין.