Our attorneys have extensive litigation experience in representing individuals, banks, and trust companies, in matters regarding breach of fiduciary duties.
If you are a Trustee of a trust agreement, you may find yourself involved with fiduciary litigation. As a trustee, it is important to understand the standard to which you are held to by the beneficiary of the trust. You are held in a “fiduciary role.” This means you must act in the best interest of the beneficiary. You are held to a higher standard. You are held to the standards set out in the trust agreement, as well as those set out in the Texas Trust Code.
In general, the Texas Trust Code requires that a trustee exercises the following duties:
- Duty of loyalty
- Duty of care
- Duty of impartiality
- Duty to furnish information
- Duty to provide certain beneficiaries an accounting when demanded
- Duty to act in good faith
- Duty to keep beneficiaries 25 years and older reasonably informed.
As a Trustee, you may have a Beneficiary who is not happy with the distributions you are making, or the investments you have chosen. You may even have a situation where the terms of the trust agreement conflict with the Texas Trust Code.
It is important for you to understand your role as a Trustee. If you find yourself involved in potential fiduciary litigation, please contact our offices to discuss your situation.
We handle various types of litigation including guardianships, will and trust disputes, powers of attorney, interpretation of a will, and Trustee-beneficiary disputes.