When you need assistance with administering and litigating your trust, Keith Morris is the attorney with experience with multiple types and will get results. Get in touch today to discuss your case.
“Keith and his team were fantastic.”- Thomas M.
Houston & Fort Worth Trust Litigation/Administration Attorneys
Types of Trusts in Texas
In Texas probate courts, there are several types of trusts. The type of trust you need depends upon what your needs are. Most trusts are created while a person is still living. Depending upon the trust, there are areas that could be problematic if the trust is modified or terminated. Tax issues are the most common problem that attorneys come across.
The different types available are:
- Living trust
- Bypass trust
- Crummey trust
- Asset protection trust
- Revocable trusts
- Irrevocable trusts
- Charitable trust
- Constructive trust
- Special needs trust
- Spendthrift trust
- Tax by-pass trust
- Totten trust
The trustee has the same responsibilities as a guardian does for an estate. The trustee has to give an accounting to the court on anything done pertaining to the trust. Most trustees are honest and give an honest accounting of anything they do. Yet, there are some who will treat the money or property as their own and do not make a proper accounting to the courts. In this case, they have broken fiduciary trust.
Trusts can be modified or terminated, even an irrevocable trust, but there are certain findings required before this can be done:
- If the purpose of the trust is illegal or it has become impossible to fulfill the need of the trust
- It is necessary to change the trust to prevent waste
- A change is needed in order to achieve the settlor’s intentions
- It is not necessary to continue the trust in order to achieve any material purpose
An interested person can initiate a lawsuit to modify or terminate the trust. The interested person can change from time to time and has to be determined according to the purpose of the change or termination. If it is a charitable trust, then the attorney general has to be notified of any change. They then have the option to intervene.
If you need help setting up a trust in Texas or if you are the beneficiary of a trust and suspect a breach of fiduciary trust, contact Keith Morris Attorney at Law at (713) 636-5339 today to learn more about our estate planning services.
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.
Estate Administration & Division of Assets Dispute Resolved
Resolved highly contentious ongoing dispute over father’s estate and division of assets between son and daughter.
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.
Evidentiary Hearing Hearing Won
Won lengthy evidentiary hearing to prove client was not in contempt of court to avoid sanction or jail time.
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 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 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.
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.