Fiduciary Litigation: Filing Lawsuits Against Agents

Under Texas law, there are several types of fiduciary relationships that exist as a matter of law. These include agents in a principal-agent relationship (real estate agents, brokers, attorneys-in-fact under a power of attorney). When fiduciary trust is breached, it sometimes becomes necessary to file lawsuits against agents in this type of relationship.

Power Of Attorney Abuse

When a fiduciary accepts his or her role, they are held to the highest standard of honesty and integrity under the law to exercise powers and accomplish duties as designated. Unfortunately, it is not uncommon to find abuse of agent duties.

These abuses can come in many forms, including:

  • Failure to disclose all information affecting the beneficiary’s interests
  • Improperly managing assets
  • Theft of fiduciary assets
  • Refusal to distribute assets to beneficiary or to do so in timely manner
  • Improper or untimely accounting
  • Failure to protect fiduciary assets
  • Using assets to agent’s own benefit
  • Poor treatment of beneficiary

At Munsch Hardt, we believe that agents who mistreat their power should be held accountable to the full extent of the law and can assist you with litigation concerning:

  • Theft of fiduciary property
  • Breach of fiduciary duty
  • Fraud
  • Undue influence
  • Powers of attorney removal