Dallas Trust Litigation Attorney

Contesting a Trust 

When a person creates a trust, they appoint a trustee to manage the trust’s assets. The trustee assumes legal ownership of those assets and is legally required to administer the trust in strict accordance with the terms outlined in the trust document.

As a fiduciary, the trustee has a duty to act honestly, responsibly, and in the best interests of the beneficiaries. If the trustee fails to meet this obligation—by mismanaging assets, engaging in self-dealing, withholding important information, or neglecting to distribute assets as required—beneficiaries have the right to take legal action.

Sometimes, a trustee’s decisions may conflict with the interests of the beneficiaries. When this occurs, beneficiaries are entitled to challenge the trustee’s actions in Texas probate court.

However, not just anyone can initiate such a challenge. In Texas, you must have legal standing, which means you must be directly and personally affected by the trust’s creation or administration.

If you believe a trust in Texas has been improperly created or mismanaged, don’t wait. Contact Ford + Bergner LLP today at 713-260-3926 to schedule a consultation. Our experienced Dallas trust litigation attorneys are here to guide you through the process and protect your rights.

What Are the Grounds for Challenging a Trustee’s Actions? 

There are many different grounds you can claim for challenging a trustee’s actions in probate court. Above all, the trustee is supposed to do what’s right by the beneficiaries of the trust. If any of their actions can be proven to be against the interests of the beneficiaries, they may be considered grounds for a legal challenge. 

These actions include:

• Breaches of fiduciary duty
• Mismanaging trust assets
• Failing to follow the terms of the trust
• Lack of testamentary capacity
• Fraud
• Forgery
• Undue influence

What Happens If I Win My Legal Claim Against the Trustee? 

To have a successful claim, you must prove that the trustee engaged in inappropriate actions involving the trust. 

If you win your legal claim against the trustee, the court may take many different actions to fix the situation. The specific outcome of the claim will depend largely on the nature of your claim and the evidence that you provided. 

Some of the actions they may take include:

• Removing and Replacing the Trustee: If the court determines that the trustee has breached their fiduciary duty or engaged in misconduct regarding the trust, they can remove the trustee from their position and appoint a new person to the role.

• Forcing the Trustee to Act: The court could also force the trustee to do their job correctly and perform the actions they were originally supposed to do in service of the trust. These may include distributing the assets correctly, accounting for all the assets in the trust, or making sure the assets are properly protected from interference.

• Monetary Damages: If the court finds the trustee guilty of breaching their duty, the court may order the trustee to pay compensation. This can cover the financial damages to the beneficiaries who have been financially harmed by the trustee’s actions. The court may also order the trustee to pay the beneficiary’s legal fees.

• Recovering Property: If the trustee’s actions involved wrongfully disposing of trust property, the court may order the trustee to recover that property or compensate the trust for the full value of that property.

Reach Out to Ford + Bergner LLP Today 

When you are a designated beneficiary in a trust, you may not know entirely what to expect. You may know why you were named and what you are set to inherit, but the probate process can unfold in unpredictable ways.

This can especially be true when you have a trustee who is determined to avoid responsibility and try to benefit from their position inappropriately. If this happens, you should reach out to an experienced Dallas trust litigation lawyer who can build a strong case.

The last thing you should worry about is the illegal or improper actions of a trustee who is trying to take advantage of their position. The legal team at Ford + Bergner LLP can represent you in a legal case against a trustee who has breached their duty. 

Give us a call at 713-260-3926, or contact us online to speak to a valued team member about your case.