Skip to Content
Providing Individualized Legal Service Throughout the State of Texas with Offices in Houston and Fort Worth
Houston 713-636-5339
Fort Worth 817-442-2048
Keith Morris & Stacy Kelly, Attorneys at Law Keith Morris & Stacy Kelly, Attorneys at Law
Top

Removing A Trustee In Texas

Trustees who oversee and manage family property are supposed to act in the best interest of the beneficiaries. Their conduct is held to high standards and monitored closely. If you are a trust beneficiary and feel the trustee is not fulfilling his or her fiduciary duty, you may be well advised to have them removed to avoid more problems further down the road.

    "Ryan & Keith genuinely care about their clients."

    Ryan McCreay genuinely cares about his clients. He patiently outlined the timeline in obtaining this overage, along with ...

    - Gerard P.
    "Ryan and team were very professional and empathetic regarding probating my sister's estate."

    They were caring and kind all the way through the process. I highly recommend them to anyone entitled to claim leftover funds from foreclosure or who need to probate an estate for a loved one. Here is a picture of myself and my lovely sister, Karen!

    - Shirley H.
    "After my Mom passed away and her house was foreclosed on, Ryan of Conscious Dealz helped me get the excess funds from the foreclosure."

    He told me the amount I would receive at the beginning of the process. He also told me that I would never have to step inside of a court room, which I didn't want to due to the complex challenges of probate court. Ryan and his team worked very hard for me.

    - AJ J.
    "Keith and his team were fantastic."

    Keith and his team were fantastic. We had heard horror stories of the probate process but our experience was fast and ...

    - Thomas M.
    "Thank you, Keith, I truly appreciate you."

    He researched my problem, consulted another expert just for a second opinion, and responded to me with the answers I needed. He is a SUPER PERSON.

    - Kathie
    "He was responsive and found the right resources for us."

    He helped my family navigate a unique probate and trust process right at the end of the year.

    - Previous Client
    "He is aggressive in court room while remaining respectful and compassionate to other lawyers and his clients."

    Keith is one of the finest and technically proficient lawyers I have ever met.

    - Jennifer
    "Whenever I had a question or concern, all I had to do was call or email Keith."

    Keith is very professional and was able to settle my family dispute.

    - Susan

Removing a trustee in Texas requires several criteria to be fulfilled:

  1. Violation of terms of trust agreement by the trustee endangering the financial standing of the trust.
  2. Incapacity or insolvency of the trustee.
  3. Trustee’s failure to make accounting required by the terms of the trust.
  4. Other reasons stated by the court including self-dealing (managing the fund to his or her benefit) or stealing trust property.
  5. Hostility between trustee and beneficiaries.

Removing a Trustee in Texas for Failure in Accounting Trust Activity

The documents that set up the trust should have a procedure in place that allows a beneficiary to replace a certain trustee under certain conditions. If there is no specific right to remove a trustee granted in the trust statement, a probate court will have to make the decision.

As a beneficiary, you have the right to request certain information from the trustee, including a statement of trust assets, expenditures and receipts. If the trustee does not provide the information he or she is legally obligated to, you may be eligible to file a lawsuit against the trustee.

The Texas Trust Code requires the trustee to provide an annual formal accounting in which all trust assets and trust activity must be reported, all disbursements and transactions must be laid out. If the trustee is unwilling to follow his obligation, the beneficiary has the right to enforcement in court.

Removing a Trustee for Mismanagement of Trust Assets

If the trustee’s performance managing the trust property endangers its value, you may be able to sue them for damages to the trust. Removing a trustee in Texas does not necessarily require his or her misdealings to be malicious or intentional, such as theft from the trust — though that is certainly grounds for removal.

If the appointed trustee is not experienced in managing an estate and becomes overwhelmed with the obligations of distributing assets, paying creditors and taxes, and other management duties, the results can be disastrous for the financial standing of the trust and can be grounds for removal.

Take Steps to Remove a Trustee

To remove a trustee, a petition must be filed in probate court and a hearing will be scheduled. After an incompetent trustee has been removed, a successor will need to be appointed to take his or her place.

A lawsuit for breach of fiduciary duty can have various outcomes, including removal and replacement of trustee, redistribution of property, or termination of the trust.

To ensure that you follow proper procedure in this often complex legal matter, contact the Houston trust attorney today!

Success that Speaks for Itself

Case Results
  • Hearing Won Evidentiary Hearing

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

  • Dispute Resolved Estate Administration Case

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

  • Settlement Reached Multi-Million Dollar International Estate

    Successfully negotiated settlement between surviving spouse and foreign advisers in multi-million dollar international estate.

  • Dispute Resolved Estate Administration & Division of Assets

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

  • Won Summary Judgment Multi-Million Dollar Trust Dispute

    Won summary judgment for prominent South Texas family in multi-million-dollar trust dispute over real property.

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.

  • Aggressive Litigators

    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.

  • Free Consultations
    Your first free case evaluation with us can be done through video conference, phone call, or an in-person meeting.
  • Personalized Attention

    If you call our firm, we will personally pick up the phone and handle your case with the attention it deserves.

Partner Up with Attorneys that Fight for You!

Contact the firm today to discuss your case during a free consultation and explore your options.