Estate & Trust Litigation
Serving as an executor, administrator, or trustee in Texas is a significant responsibility that comes with specific legal duties. Fiduciaries and beneficiaries alike should seek guidance from experienced counsel to ensure those duties are properly fulfilled.
Our firm represents clients throughout Texas in estate and trust litigation matters, guiding executors, trustees, and beneficiaries through the complex disputes that can arise during estate and trust administration. We advocate for fiduciaries facing challenges to their decisions or conduct, as well as for beneficiaries seeking to enforce their rights, obtain an accounting, or address a breach of fiduciary duty. Whatever side of the dispute you're on, we have the experience needed to help you navigate this complex landscape.
Common Issues might include:
1
Breach of Fiduciary Duty
An executor or trustee generally owes beneficiaries the following basic duties:
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Duty of Loyalty to act solely in the best interest of the beneficiaries and avoid self-dealing transactions;
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Duty of Care to administer the assets and accounts as a prudent person;
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Duty of Disclosure to reasonably inform beneficiaries about the administration of the assets; and
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Duty of Impartiality to not favor one beneficiary over another.
A claim for breach of fiduciary duty against an executor or trustee arises when the executor or trustee fails to uphold their duties, such as through mismanagement of assets, self-dealing, undisclosed conflicts of interest, or improper distributions. When a fiduciary breaches these duties, they risk personal liability for any damages they may have caused.
2
Demand for Accounting
Beneficiaries have the right to demand a formal accounting from an executor or trustee, and fiduciaries have a corresponding duty to provide a clear, accurate record of estate or trust assets, expenses, and distributions. Whether you are a beneficiary seeking transparency into how an estate or trust is being managed, or a fiduciary who has been asked to account and wants to fulfill that obligation properly, our firm can help ensure the process is handled correctly and in compliance with Texas law.
3
Removal of an Executor or Trustee
Beneficiaries can request the court remove a trustee or executor who has violated their fiduciary duty, mismanaged assets, or become unable to adequately manage the trust or estate. Meanwhile, fiduciaries accused of such actions have the right to a fair chance to defend their decisions and conduct. We represent both beneficiaries pursuing accountability and fiduciaries defending their actions in these matters, offering experienced guidance throughout the removal proceedings in Texas courts.
4
Contingent Fees
We believe that limited funds should not limit your legal rights, which is why we will consider taking certain matters on a contingency or hybrid fee basis. A contingent fee arrangement is a payment structure where a lawyer's fees are only paid if the case is successful or if fees are awarded. A hybrid fee is a combination of hourly billing and a contingent fee arrangement.