Executors, Administrators and Trustees have a fiduciary duty to their heirs and beneficiaries. Texas compels those in such roles to honor their duty towards beneficiaries and to avoid any actions that would be considered misconduct or failure to act appropriately.
In the event a Trustee, Administrator or Executor breaches their fiduciary duties to one or more beneficiaries, they can be held liable for any resulting damages. Common types of misconduct that could be legally considered in Texas to be a breach of fiduciary duty include, but are not limited to:
Any willfully illegal or fraudulent acts
Any kind of self-dealing
The unauthorized removal of any kind of property from the estate
Any kind of imprudent or negligent management of the estate
Failure to carry out the explicit orders of a trust or will
Litigation over a fiduciary breach can involve entities or individuals responsible for the violation of duties. These are often difficult cases. Our experienced Fiduciary Litigation team has years of experience representing clients in and mediating fiduciary disputes. We can help you safely navigate one of the more complex legal issues that you can encounter during a time when you are already dealing with loss.
Want to talk about your situation? Not sure what the right next step is? Has your trustee or executor failed to meet clear obligations despite all your efforts? If you live in Denton County or the surrounding North Texas area, the Chenault Law Firm is here to help.
Texas Probate Law covers far more than simply wills and their execution. In fact, it covers a wide array of other important legal documents as well as those appointed to represent them in their various capacities. For this reason, the Chenault Law Firm is also pleased to offer legal services to help represent your interests in a dispute involving a trust or trustee.
A trust is created by a settlor to provide for designated beneficiaries during their lifetime or upon their death. A trust document can be interpreted by courts where it is unclear.
Disputes with a trust can cover more than an interpretation of the language of the trust document. Often times, they focus on the behavior of the trustee, whose job it is to oversee the trust for the beneficiaries. There are a variety of issues the Chenault Law Firm can aid with in a trust dispute, including:
Any claims of forgery, fraud, or mistake
Any challenges made to the mental capacity of a trust’s Settlor
Any actions to terminate a trust
Any actions to reform or modify a trust
Claims of a breach of fiduciary duty
Legal actions to compel a Trustee to provide accountings or distributions
Legal actions to remove and then replace a Trustee
If you live in North Texas and have more questions about these or any other legal issues with a Trust you may need legal advice or representation for, please fill out the form or call us at 972.591.0099 today.