Our attorneys have extensive litigation experience in representing individuals and trustees in matters regarding breach of fiduciary duties and trust litigation.
There are many reasons why you may find yourself involved with trust litigation. For example, if you are a Beneficiary of a Trust and you have issues with the Trustee and your distributions, the investments being made, or you feel you are not being kept informed as to the investments or the payments being made from the trust. In addition, if you have an issue with the trust agreement, or how the trust was created altogether.
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.
It is also important to be informed and understand the terms of the Trust document, as they can override the Texas Trust Code. It is equally important to understand if there is a conflict between the trust agreement and the Texas Trust Code, which prevails.
In addition to the above, there can be many situations as a beneficiary that you may find yourself involved in potential trust litigation. If this should happen, please contact our offices to discuss your situation.