When Might A Trust Or Estate Issue Require Litigation?
Trusts are a useful estate vehicle designed to protect assets and preserve wealth. The trustee of a trust has a fiduciary duty to the trust’s beneficiaries. These fiduciary duties include a duty to invest and manage the assets prudently. They also have a duty of impartiality, a duty of loyalty, and a duty to refrain from self-dealing among other important duties.
If you believe that a trustee is engaging in self-serving behavior and jeopardizing the assets of your estate and trust, contact us to discuss your concerns. At Fisher & Welch, our attorneys provide skilled probate litigation services to clients in Dallas and throughout Texas.
Can You Trust The Trustee?
Many trust disputes arise when one family member, often a son or daughter, is named the trustee of the family trust. When the trustee engages in self-dealing, fraud or otherwise mismanages the trust, they are in violation of their fiduciary duties.
For instance, a trustee should not sell trust assets to their own business for less than fair market value. Other types of trust litigation could involve accounting issues, the validity of a trust or other types of mismanagement.
Trust litigation is often handled in probate courts. The practice of law in probate court is substantially different from that in other civil courts. The judges in these courts have significant experience hearing various types of probate disputes.
These cases are also typically resolved much faster than civil disputes heard in district courts. Our lawyers have handled hundreds of cases in probate court, and we are skilled in achieving our clients’ objectives in this venue. To learn more about how we can help you, call 214-661-9400 or email our law firm to discuss your concerns.