Texas Fiduciary Litigation Attorney

When trust breaks down over managing a loved one’s estate or trust, fiduciary litigation may become necessary. A fiduciary litigation attorney represents individuals involved in legal disputes over whether someone responsible for managing property or someone’s life, such as a trustee, executor, power of attorney, or conservator, has failed to act in the best interest of the people they are supposed to protect.

At Lewis Law Firm, PLLC, we understand that disputes over trusts and estates often involve complex family dynamics, emotional wounds, or high financial stakes. We are a Texas-based firm focused on estate and legacy planning, probate, and fiduciary litigation. Led by attorney Samantha Lewis, who brings nearly a decade of legal experience and a background in litigation and economics, we help clients navigate difficult legal and emotional territory.

What Is Fiduciary Litigation?

Litigation is the process of resolving disputes through the court system, which may include:

• Filing a lawsuit with a court;
• Investigating issues and speaking to witnesses;
• Drafting legal documents;
• Negotiating to achieve a potential settlement;
• Exchanging documents and other evidence;
• Presenting evidence to a judge; and
• Obtaining a court decision.

Fiduciary litigation refers specifically to legal disputes involving fiduciaries, individuals who are legally required to act in the best interests of others regarding financial or legal matters.

Fiduciary Duties

A fiduciary has a legal obligation to act on behalf of another person or group, one or more beneficiaries, and prioritize their best interests. To ensure they act in the beneficiaries’ best interests, fiduciaries owe duties of:

• Loyalty—avoiding self-dealing and conflicts of interest;
• Care—managing assets responsibly, prudently, and according to the governing document’s terms (e.g., a will or trust instrument);
• Impartiality—treating all beneficiaries fairly and without favoritism; and
• Account—keeping accurate financial records and providing timely updates.

Fiduciary litigation often arises when someone suspects or knows a fiduciary has breached their duties.

Trusts and Estates Fiduciaries

In the context of trusts and estates, common fiduciaries include:

• Trustees, who manage trust assets;
• Executors or administrators, who manage a deceased person’s estate;
• Powers of attorney, who manage the personal or financial affairs of someone who appointed them earlier and now cannot manage their own affairs; and
• Conservators or guardians, court-appointed individuals who manage the personal or financial affairs of people who cannot manage their own affairs.

These roles carry serious responsibilities, and failing to meet those responsibilities can lead to fiduciary litigation.

Breach of Fiduciary Duty

When you initiate litigation, you need a legal claim. In the fiduciary context, the claim is typically a breach of fiduciary duty and involves showing that:

• A fiduciary relationship exists or existed;
• The fiduciary breached their duties; and
• The breach caused harm that a court could redress.

Fiduciaries must act with the utmost honesty, loyalty, and care. Failing to meet those legal duties through action or inaction can result in litigation.

Standing (Who Can Sue)

Not everyone affected by a fiduciary’s actions has the legal right, standing, to sue. In Texas, the following individuals or entities may generally sue for a breach of fiduciary duty:

• Beneficiaries of a trust or estate;
• Co-fiduciaries, such as co-trustees or co-executors;
• Wards or protected persons in guardianship or conservatorship cases; and
• Interested parties, such as heirs or next of kin.

Even well-meaning fiduciaries can face litigation if family tensions escalate or mistakes are made. Likewise, beneficiaries may take legal action to hold a fiduciary accountable and protect their inheritance or a loved one’s well-being.

Remedies (What You Can Recover)

When a fiduciary breaches their duties, the court may:

• Remove the fiduciary from their role and appoint a replacement;
• Issue an injunction to stop ongoing harmful conduct or prevent further mismanagement;
• Require asset tracing to identify and reclaim misappropriated property;
• Order the fiduciary to pay compensatory damages or restitution, repaying misused or lost funds;
• Impose punitive damages in extreme cases involving intentional wrongdoing or fraud; or
• Modify a trust or estate document to correct unfair or invalid provisions.

The remedies you can get during fiduciary litigation depend on the circumstances and the fiduciary’s intentions.

Examples of Breach

A breach may occur when a fiduciary:

• Uses estate or trust funds for personal benefit;
• Fails to communicate with beneficiaries;
• Makes risky or unauthorized investments;
• Favors one beneficiary over another without legal justification;
• Fails to pay taxes or settle debts appropriately; or
• Delays asset distribution without justification.

Specifically, a breach may look like:

• A trustee sells trust property at below-market value to a family member without beneficiary approval;
• An executor delays distributing estate assets for years while refusing to provide financial updates;
• A guardian uses a protected person’s income for personal travel and entertainment;
• A sibling managing their parents’ trust allocates more funds to themselves than to other beneficiaries;
• Co-trustees cannot agree on how to manage investments or distribute income; or
• A conservator who causes a foreclosure by failing to pay the mortgage on the ward’s home.

Remember, you can only sue when the fiduciary’s actions or failures to act harmed the beneficiaries, trust, estate, or another person or entity involved with the fiduciary.

How a Fiduciary Lawyer Helps

A fiduciary lawyer, also known as a trust litigation attorney or an estate litigation lawyer, plays a critical role in fiduciary litigation, whether you are a fiduciary or a beneficiary. They can:

• Evaluate the legal and factual issues in the case;
• Advise you on your rights and obligations under Texas law;
• Gather and analyze financial records, communications, and legal documents;
• Work with experts, such as forensic accountants or appraisers, as needed;
• Represent you in negotiations, mediation, or court proceedings; and
• Seek or defend against remedies.

Because fiduciary cases often involve complex finances and family dynamics, working with an attorney who understands trusts, estate laws, and litigation strategy is essential.

Talk to a Texas Fiduciary Litigation Attorney

If you are involved in a dispute over the management of a trust, estate, or conservatorship, do not wait to get experienced legal guidance. These cases are often time-sensitive and emotionally charged.

At Lewis Law Firm, PLLC, we represent fiduciaries and beneficiaries in Texas, working to protect individuals and defuse tensions. We founded this firm on the belief that estate and legacy planning, and the resolution of related disputes, should be understandable, approachable, and empowering. Contact us today to schedule a consultation and find out how we can help.