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Filing Lawsuits Against Trustees In Texas

If you are having an issue with the trustee handling your assets, get in touch with Keith Morris today to discuss your options.

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Filing Lawsuits Against Trustees In Texas

A Trustee is a legal representative and can be an individual or a body of persons. They are charged with holding and managing the assets of a beneficiary under the legal terms of the Texas Trust Code and the duties imposed by the instrument creating the Trust. Filing lawsuits against Trustees in Texas is based on their legal duty to act with the highest degree of responsibility, to act in good faith, to be fair dealing, to show loyalty to the beneficiaries wishes, to serve the best interests of their client and to remain in good standing while avoiding any conflict of interest. It is the Texas probate courts opinion that Trustees should keep the activities of the Trust in complete confidence.

Trustee Lawsuits In A Texas Court

Simply put, a Trustee can not derive any advantage directly or indirectly from a Trust unless it is expressly stated. If it is found that a Trustee has violated their fiduciary responsibilities, a lawsuit can be brought against them to recover damages. In filing lawsuits against Trustees in Texas, the first step is to prove conclusively to the Texas probate courts that the defendant is liable for any misconduct alleged in the Complaint.

It must be shown in filing lawsuits against Trustees in Texas that the Trustee acted wrongly and that damages were suffered. Also, under Texas common law, culpability must be proven that it was the Trustee’s commission or omission that caused the harm. Texas courts allow beneficiaries to seek an accounting of the Trustee’s books and records which is a very beneficial part of their lawsuit.

Filing lawsuits against Trustees in Texas requires the expert experience of a fiduciary litigation lawyer. Probate law can be a complicated set of court proceeding components. The legal paperwork and the time frame needed to meet each filing requirements are best handled by a probate attorney. Trustees who are found to have deliberately mismanaged their Trust’s assets can be liable in the return of whatever form the assets were under or they will be found guilty under a wrongful act law. Plaintiffs in filing lawsuits against Trustees in a Texas court, can also claim mental anguish in a breach of fiduciary duty.

Call Keith Morris & Stacy Kelly, Attorneys at Law at (713) 636-5339 in Houston and (817) 442-2048 in Fort Worth today to discuss your probate issue, including estate planning, setting up trusts, or filing lawsuits for trust mismanagement.

Success that Speaks for Itself

Case Results
  • Dispute Resolved Estate Administration & Division of Assets

    Resolved highly contentious ongoing dispute over father’s estate and division of assets between son and daughter.

  • Dispute Resolved Estate Administration Case

    Successfully resolved case between two siblings fighting over cash and personal property of their father.

  • Hearing Won Evidentiary Hearing

    Won lengthy evidentiary hearing to prove client was not in contempt of court to avoid sanction or jail time.

  • Case Won Guardianship Case

    Won trial to exclude wife to serve as guardian of gentleman she married that was at least twice her age.

  • Six-Figure Settlement Reached Multi-Million Dollar Estate Case

    Obtained six-figure settlement after jury was seated for adopted child in multi-million dollar estate case after adoption was disputed.

Why Choose Attorneys Keith Morris & Stacy Kelly?

  • Extensive Experience

    With over 40+ years of combined legal experience, Keith Morris & Stacy Kelly devoted their efforts to sharpening their skills in probate, trust, and estate planning and litigation.

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    Keith Morris & Stacy Kelly are proud to be the litigators that takes on the most complicated and difficult cases to court and getting their clients optimal results.

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