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Trust Litigation & Administration

When you need assistance with administering and litigating your trust, Keith Morris & Stacy Kelly are attorneys with experience that will get results. Get in touch today to discuss your case.

    "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

Houston & Fort Worth Trust Litigation/Administration Attorneys

Understanding The Different 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.

Guidelines for Modifying or Terminating Trusts

Trusts can be modified or terminated, even an irrevocable trust, but there are certain findings required before this can be done:

  1. If the purpose of the trust is illegal or it has become impossible to fulfill the need of the trust
  2. It is necessary to change the trust to prevent waste
  3. A change is needed in order to achieve the settlor’s intentions
  4. 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.

Contact Our Houston & Fort Worth Trust Litigation/Administration Lawyers 

Our Fort Worth & Houston trust attorneys can help those who need help navigating trust litigation and administration. When you need a dedicated lawyer on your side, turn to attorneys Keith Morris & Stacy Kelly.

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 & Stacy Kelly at (713) 636-5339 today to learn more about our estate planning services.

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.

  • 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.