The Houston trust litigation attorneys at Ostrom Morris have been helping clients seek justice for trust mismanagement for many years. One of the big concerns our clients have is protecting their estates and its beneficiaries from losses due to fraud and other abuses.
A Trustee Has a Legal Duty to Act in the Best Interests of the Trust
Fiduciary relationships can exist between trustee, executor, or administrator and a beneficiary, an agent and principal, attorney and client, officers and directors, employees and employers, among others. No matter who they are, they have a fiduciary duty to act in the best interest of their principal, beneficiary or ward.
The duty they owe is one of loyalty, good faith, the highest integrity and accountability and to conduct all their dealings in a fair and honest way. They are prohibited from using this relationship to benefit their own personal interests, except with the full knowledge and consent of the principal.
Proving Breach of Fiduciary Trust in Texas
When a breach of fiduciary duty occurs in Texas, the fiduciary can be held accountable for their actions, whether the breach is the result of an intentional or unintentional act. The injured party may be able to seek compensation for the damages caused by this breach of fiduciary duty.
If you believe that a breach of fiduciary duty has occurred, it is important that you seek the services of a skilled Houston fiduciary litigation attorney. They will be able to examine the facts in your case, determine if a breach has taken place, and know the necessary to steps to establish proof of the breach.
In order to prevail in a breach of fiduciary duty lawsuit, you must be able to prove:
- The existence of a fiduciary relationship.
- The defendant was negligent in their fiduciary duties.
- This breach of fiduciary trust caused injury to the plaintiff or ultimately benefited the defendant at the expense of the plaintiff.
You can ask to have the fiduciary removed and seek restitution for economic damages, lost profits, mental anguish, fee forfeiture, profit disgorgement and rescission, as well as exemplary or punitive damages.
Representation by an experienced Houston fiduciary litigation attorney can greatly improve your odds of winning your case.
Get Help From a Houston Breach of Fiduciary Duty Attorney
Ostrom Morris, PLLC, has been successful representing clients in breaches of fiduciary duty claims and fiduciary litigation claims for more than 30 years. We possess the extensive experience to fully analyze the details in your case and determine if a breach of fiduciary duty has taken place and provide sound legal advice on how you may recover damages.
A successful relationship between a fiduciary and beneficiary is built on trust and honesty. When a fiduciary fails in the duties, their actions can result in financial and other damages for the beneficiaries they have betrayed.
If you believe you have been the victim of a breach of fiduciary duty, please call the Houston trust litigation attorneys at Ostrom Morris at (888) 869-9015 or email email@example.com to schedule a free consultation.