If you are having an issue with the trustee handling your assets, get in touch with Keith Morris today to discuss your options.
“Keith and his team were fantastic.”- Thomas M.
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 Attorney 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.
Estate Administration Case Dispute Resolved
Successfully resolved case between two siblings fighting over cash and personal property of their father.
Guardianship Case Case Won
Won trial to exclude wife to serve as guardian of gentleman she married that was at least twice her age.
Multi-Million Dollar Trust Dispute Won Summary Judgment
Won summary judgment for prominent South Texas family in multi-million-dollar trust dispute over real property.
Evidentiary Hearing Hearing Won
Won lengthy evidentiary hearing to prove client was not in contempt of court to avoid sanction or jail time.
Multi-Million Dollar International Estate Settlement Reached
Successfully negotiated settlement between surviving spouse and foreign advisers in multi-million dollar international estate.
Multi-Million Dollar Estate Case Six-Figure Settlement Reached
Obtained six-figure settlement after jury was seated for adopted child in multi-million dollar estate case after adoption was disputed.
Probate Case Successful Verdict
Obtained verdict for daughter that reunited with her father after being estranged and offered will for probate but was contested by her sister.
Estate Administration & Division of Assets Dispute Resolved
Resolved highly contentious ongoing dispute over father’s estate and division of assets between son and daughter.
If you call Keith Morris, he will personally pick up the phone and handle your case with the attention it deserves.
Your first free case evaluation with us can be done through video conference, phone call, or an in-person meeting.
Keith Morris is proud to be the litigator that takes on the most complicated and difficult cases to court and getting his clients optimal results.
With over 20 years of legal experience, Keith Morris has devoted his efforts to sharpening his skills in probate, trust, and estate planning and litigation.