Trust Contests

Trust Contest and Dispute Lawyers for Cases in Houston, San Antonio, Austin, Dallas and other Texas Cities and Counties

A trust is a legal agreement concerning the ownership and management by a trustee of the property held by the trust (referred to as the “trust assets”).  The trust assets must be specifically managed in accordance with the trust and Texas law for the benefit of those identified in the trust, who are referred to as the “beneficiaries.”

Representing Clients in Trust Matters in Texas

Our firm is available to represent clients concerning trust matters in Houston, San Antonio, Austin, Dallas, and other cities and counties in Texas.  To see a map of Texas counties where we have represented clients in will contests, trust contests, estate and probate disputes and other litigation matters, please click here.

The Nature of Trust Disputes

Trust disputes often concern matters such as:

• Claims that the trust is invalid due to lack of capacity, undue influence or other grounds,
• Claims that the trust assets are not being managed in accordance with the trust documents or sound and prudent practices,
• Claims that the trustee is in breach of (or is not fulfilling) his or her fiduciary obligations,
• Claims that the trustee has exceeded his or her authority in managing the trust assets in some manner, or
• Claims that the trustee is seeking to unduly enrich him or herself.

These are only some examples of disputes that can arise in connection with trusts; there are many other types of claims that can be brought in the context of trust management.

Fiduciary Obligations of Trustees

Texas trustees have a fiduciary obligation to act in the best interests of the trust beneficiaries in accordance with the terms and conditions of the trust and Texas law.  Trustees are only empowered to act in accordance with the terms and authority provided in the trust and the trust law.  For instance, if the trust assets can only be invested in certain types of investments, the trustee cannot choose to instead invest the trust assets in other types of investments.

Conflicts of Interest Situations

Trustees must be careful to avoid conflict of interest situations.  A conflict of interest could exist if the trustee may personally benefit from a transaction concerning the management of trust assets. 

How We Represent Clients in Trust Matters

We represent clients in Texas who are challenging or defending a trust instrument, we also represent clients concerning trustee mismanagement claims, as well as trustees sued by beneficiaries even though they have acted appropriately in fulfilling their obligations.  

If your matter concerns one of these areas, please call us to schedule a consultation to learn about your legal options and how we can help you.  

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