How to File a Breach of Fiduciary Duty Lawsuit in Texas

Trust is powerful—until it’s broken. When someone in a position of trust mismanages assets, conceals information, or prioritizes their own interests, the law provides a remedy: a breach of fiduciary duty lawsuit in Texas.

Suing for breach of fiduciary duty can feel overwhelming, but the process becomes clear once you understand the responsibilities, the evidence required, and the steps the courts expect. At Henington Lewis Law Firm PLLC, attorney Samantha Lewis leverages nearly a decade of litigation experience and a background in economics to guide Texans through complex disputes, transforming uncertainty into a clear plan of action. Let us help you work toward a just resolution.

What Are Fiduciary Duties Under Texas Law?

A fiduciary is someone entrusted with acting in another person’s best interest. Under Texas law, fiduciary duties encompass obligations that arise in various roles, including those of trustees, executors, corporate officers, financial advisors, and partners. These duties include:

• Duty of loyalty. The fiduciary must avoid conflicts of interest and act solely for the beneficiary’s benefit.
• Duty of care. They must manage assets prudently, using reasonable diligence and skill.
• Duty of full disclosure. They must keep beneficiaries informed of material facts and decisions.
• Duty of good faith. All actions must be honest and aligned with the trust or legal relationship.

Beneficiaries have grounds to take legal action when these duties are ignored or violated.

How Do I Prove Breach of Fiduciary Duty?

While not difficult in theory, courts in cases such as First United Pentecostal Church of Beaumont v. Parker and Punts v. Wilson have found that suing for breach of fiduciary duty means proving three elements:

• A fiduciary relationship existed. The relationship can be formal, such as a trustee-beneficiary relationship, or informal, as when one party places special trust in another.
• The fiduciary breached their duty. Examples include diverting funds, failing to disclose material facts, or favoring their own interests over the beneficiaries’ interests.
• The breach caused harm. The plaintiff must demonstrate actual damages directly related to the misconduct.

Courts in Texas take these claims seriously. They recognize that the betrayal of trust harms finances and fractures families and business relationships. That is why suing for breach of fiduciary duty can restore both accountability and fairness. At Henington Lewis Law Firm PLLC, we evaluate the strength of your case, gather the evidence needed, and guide you through every step of the process.

How to Sue for Breach of Fiduciary Duty in Texas

Trustees, executors, business partners, and others in positions of confidence all have fiduciary obligations under state law. Understanding how to sue for breach of fiduciary duty in Texas begins with understanding the nature of these relationships and the duties that are owed. The path forward includes the following steps:

• Gather documentation. Collect trust papers, wills, contracts, bank records, or correspondence that show how the fiduciary handled (or mishandled) their responsibilities.
• Contact legal help. Working with a fiduciary litigation lawyer ensures each step is handled correctly. Lawyers provide the strategy, financial insight, and courtroom experience to effectively protect your rights and pursue justice.
• File in the proper court. Probate courts often handle trust or estate disputes, while civil district courts may hear business or partnership cases. Choosing the appropriate forum ensures your case moves forward without delay.
• Draft and file the petition. The formal lawsuit begins with a petition that lays out the fiduciary relationship, the breach, the harm caused, and the remedies sought. This document sets the stage for the entire case and must be prepared carefully to meet Texas pleading standards..
• Request an accounting. Texas law allows beneficiaries to demand a formal accounting, forcing the fiduciary to disclose how they are managing money and assets. This record often forms the backbone of the case.
• Pursue remedies. Plaintiffs can ask the court for removal of the fiduciary, repayment of misused funds, or broader damages that include lost profits or punitive awards if the misconduct was willful.
• Litigate or resolve. Some cases settle after clear evidence is presented, while others proceed to trial, where a judge or jury decides liability and compensation.

Courts in Texas expect precision, but they also provide powerful remedies when a fiduciary violates the trust placed in them. Samantha Lewis brings nearly a decade of litigation experience and a background in economics to help clients with the strategy and support needed to succeed in breach of fiduciary duty lawsuits.

What Damages Can I Receive?

Breach of fiduciary duty damages can take various forms, depending on the nature of the misconduct and the resulting losses. They include:

• Compensatory damages—reimburse actual financial losses;
• Disgorgement—force the fiduciary to return ill-gotten gains;
• Punitive damages—in cases of fraud, malice, or gross negligence, penalties to deter future misconduct; and
• Equitable remedies—constructive trusts, removal of the fiduciary, or order specific performance.

Fiduciaries who misuse their authority risk more than financial liability; they risk reputational and legal ruin.

Thinking About Bringing a Breach of Fiduciary Duty Lawsuit in Texas? Contact Henington Lewis Law Firm PLLC Today

Breach of duty claims often arise during times of grief and stress. You deserve a legal team that understands the law and the human sides of the conflict. At Henington Lewis Law Firm PLLC, you will find more than representation. You will find a clear plan, practical support, and the peace of mind that your legacy and loved ones are protected.

We focus on guiding families and individuals through probate, trust, and estate disputes with compassion and strategy. Our team brings personal insight into what happens when families lose someone unexpectedly. With extensive litigation experience in Texas and federal courts, and training under top estate law instructors, we approach fiduciary disputes with both empathy and rigor, developing strategies that work both in and out of court.

Contact us today to schedule a consultation. Let’s plot a just path forward together.

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