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.

“Keith and his team were fantastic.”

- Thomas M.

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
  • Guardianship Case Case Won

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

  • Estate Administration & Division of Assets Dispute Resolved

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

  • Evidentiary Hearing Hearing Won

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

  • 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.

  • Multi-Million Dollar International Estate Settlement Reached

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

  • Estate Administration Case Dispute Resolved

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

  • 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.

  • 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.

/

Why Choose Keith Morris, Attorney at Law?

  • Personalized Attention
    If you call Keith Morris, he will personally pick up the phone and handle your case with the attention it deserves.
  • Free Consultations
    Your first free case evaluation with us can be done through video conference, phone call, or an in-person meeting.
  • Aggressive Litigator
    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.
  • Extensive Experience
    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.
Partner Up with an Attorney that Fights for You

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

Get started