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.
Keith and his team were fantastic. We had heard horror stories of the probate process but our experience was fast and ...- Thomas M.
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 helped my family navigate a unique probate and trust process right at the end of the year.- Previous Client
Keith is one of the finest and technically proficient lawyers I have ever met.- Jennifer
Keith is very professional and was able to settle my family dispute.- Susan
Keith would be the one attorney I hope I never set on the opposite side of the table against.- Bruce
Mr. Morris represented me in a complicated and nasty probate matter. I am a paralegal and must say that Mr. Morris is in the top .5 of the 1% of excellent lawyers.- Jennifer L.
Keith was easy to reach and had a lot of knowledge about estate planning. He helped me and my family with our wills and helped set up trusts for my kids.- Oda
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.
Contact Our Houston Trust 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.
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.
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.
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.
Your first free case evaluation with us can be done through video conference, phone call, or an in-person meeting.
If you call our firm, we will personally pick up the phone and handle your case with the attention it deserves.
Contact the firm today to discuss your case during a free consultation and explore your options.