A Trustee is a legal representative and can be an individual or a body of persons. They are charged with holding and managing the assets of a beneficiary under the legal terms of the Texas Trust Code and the duties imposed by the instrument creating the Trust. Filing lawsuits against Trustees in Texas is based on their legal duty to act with the highest degree of responsibility, to act in good faith, to be fair dealing, to show loyalty to the beneficiaries wishes, to serve the best interests of their client and to remain in good standing while avoiding any conflict of interest. It is the Texas probate courts opinion that Trustees should keep the activities of the Trust in complete confidence.
Trustee Lawsuits In A Texas Court
Simply put, a Trustee cannot derive any advantage directly or indirectly from a Trust unless it is expressly stated. If it is found that a Trustee has violated their fiduciary responsibilities, a lawsuit can be brought against them to recover damages. In filing lawsuits against Trustees in Texas, the first step is to prove conclusively to the Texas probate courts that the defendant is liable for any misconduct alleged in the Complaint.
It must be shown in filing lawsuits against Trustees in Texas that the Trustee acted wrongly and that damages were suffered. Also, under Texas common law, culpability must be proven that it was the Trustee’s commission or omission that caused the harm. Texas courts allow beneficiaries to seek an accounting of the Trustee’s books and records which is a very beneficial part of their lawsuit.
Filing lawsuits against Trustees in Texas requires the expert experience of a fiduciary litigation lawyer. Probate law can be a complicated set of court proceeding components. The legal paperwork and the time frame needed to meet each filing requirements are best handled by a probate attorney. Trustees who are found to have deliberately mismanaged their Trust’s assets can be liable in the return of whatever form the assets were under or they will be found guilty under a wrongful act law. Plaintiffs in filing lawsuits against Trustees in a Texas court, can also claim mental anguish in a breach of fiduciary duty.