Can the trustee of an estate be held personally liable if they do not fulfill their duties?

Yes, the trustee of an estate can be held personally liable. If a trustee does not make correct distributions and/or proper allocations exactly as the Trust states, they can be held liable for their wrongdoing and the beneficiaries of the Trust could sue them for breach of fiduciary duty.

A probate attorney can guide a trustee through the steps they need to take to ensure they fulfill their fiduciary duties and are not held liable. The Ashmore Law Firm has been serving the Dallas community for over 25 years. Please contact our office with any questions at 214.559.7202.

Want more information? We have additional frequently asked questions about the Probate process here.