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Fiduciary Litigation

Navigating the complexities of probate and trust administration can be difficult, especially when one or more of the parties is not treated fairly or they perceive that they were not treated fairly.

Why Fiduciary Litigation Matters in Probate and Trusts

A fiduciary is an individual who has been vested with the legal obligation to act on behalf of another party, such as a beneficiary or an estate. Whether it’s a party with a power of attorney for an elderly parent, an executor in a probate case, or a trustee managing a trust, these fiduciaries are bound by a legal and ethical framework known as fiduciary duty.

This duty, as defined by the Texas Estates Code, obligates fiduciaries to act in the best interests of those they represent. The Code applies to various roles, including executors, administrators, guardians, trustees, and agents acting under a power of attorney.

The stakes are high. A breach of fiduciary duty can result in significant legal ramifications, including claims of fraud and negligence.

Common Types of Fiduciary Breach

While fiduciary duties may seem straightforward, their violation can occur in various forms such as:

  • Self-dealing: Using the fiduciary position to gain a personal advantage.
  • Misappropriation of Assets: Illegally using funds or assets for personal benefit.
  • Failure to Account: Not providing accurate financial disclosures.
  • Negligence or Mismanagement: Poorly managing assets or responsibilities.
  • Failure to Distribute Assets: Unjust delays or refusals in rightful asset distribution.

Whether you are dealing with probates or trusts, fiduciary misconduct can severely impact the estate or trust’s beneficiaries and even creditors.

How We Can Help

Our experienced team of attorneys handles fiduciary litigation involving probates and trusts. We can help you navigate through:

  1. Asset Recovery: If you are a beneficiary and suspect mismanagement or theft, we can aid in recovering the assets.
  2. Fiduciary Removal: Should a fiduciary fail in their duties, our attorneys can assist you in their removal and replacement.
  3. Creditor Claims: For creditors, while you may not have a fiduciary relationship with the executor, we can help you navigate the process of making a claim against the estate or trust.
  4. Trust Litigation: While much focus is given to probates, trusts also carry similar fiduciary responsibilities. We provide a comprehensive approach to ensure that trust assets are managed and distributed as per the trust documents.
  5. Legal Recourse and Remedies: From filing a negligence claim to demanding an accounting, we ensure that all your legal options are explored and exercised.

Let Us Help You Secure Your Interests

When it comes to fiduciary litigation involving probates and trusts, the intricacies can be overwhelming. Allow us to take the burden off your shoulders. With a dedicated team of Houston-based lawyers focusing on fiduciary litigation, we can provide you with the legal advice and representation you need.

Don’t navigate these complex waters alone. Reach out today for a consultation and protect your interests the right way.

Our Houston Probate Attorneys provide a full range of probate services to our clients, including helping with fiduciary litigation. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters.


Disclaimer:  The content of this website is for informational purposes only and should not be construed as legal advice and should not be acted upon without consulting a qualified probate attorney.


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