Trust Litigation & Administration

When you need assistance with administering and litigating your trust, Keith Morris & Stacy Kelly are attorneys with experience that will get results. Get in touch today to discuss your case.

Houston & Fort Worth Trust Litigation/Administration Attorneys

Understanding The Different Trusts in Texas

In Texas probate courts, there are several types of trusts. The type of trust you need depends upon what your needs are. Most trusts are created while a person is still living. Depending upon the trust, there are areas that could be problematic if the trust is modified or terminated. Tax issues are the most common problem that attorneys come across.

The different types available are:

  • Living trust
  • Bypass trust
  • Crummey trust
  • Asset protection trust
  • Revocable trusts
  • Irrevocable trusts
  • Charitable trust
  • Constructive trust
  • Special needs trust
  • Spendthrift trust
  • Tax by-pass trust
  • Totten trust

The trustee has the same responsibilities as a guardian does for an estate. The trustee has to give an accounting to the court on anything done pertaining to the trust. Most trustees are honest and give an honest accounting of anything they do. Yet, there are some who will treat the money or property as their own and do not make a proper accounting to the courts. In this case, they have broken fiduciary trust.

Guidelines for Modifying or Terminating Trusts

Trusts can be modified or terminated, even an irrevocable trust, but there are certain findings required before this can be done:

  1. If the purpose of the trust is illegal or it has become impossible to fulfill the need of the trust
  2. It is necessary to change the trust to prevent waste
  3. A change is needed in order to achieve the settlor’s intentions
  4. It is not necessary to continue the trust in order to achieve any material purpose

An interested person can initiate a lawsuit to modify or terminate the trust. The interested person can change from time to time and has to be determined according to the purpose of the change or termination. If it is a charitable trust, then the attorney general has to be notified of any change. They then have the option to intervene.

Protect Your Assets with Trust Planning

Trust planning is a crucial aspect of estate planning that can help you protect your assets and ensure they are distributed according to your wishes. Our team of experienced trust attorneys can help you create a comprehensive trust plan tailored to your specific needs and goals.

Benefits of trust planning include:

  • Avoiding probate and minimizing estate taxes
  • Protecting assets from creditors and lawsuits
  • Ensuring privacy and confidentiality of your estate distribution
  • Providing for minor children or beneficiaries with special needs
  • Flexibility in managing and distributing assets during your lifetime and after your passing

Don’t wait until it’s too late to protect your assets and secure your legacy. today to schedule a consultation with our Houston & Fort Worth trust planning attorneys.

Contact Our Houston & Fort Worth Trust Litigation/Administration Lawyers 

Our Fort Worth & Houston trust attorneys can help those who need help navigating trust litigation and administration. When you need a dedicated lawyer on your side, turn to attorneys Keith Morris & Stacy Kelly.

If you need help setting up a trust in Texas or if you are the beneficiary of a trust and suspect a breach of fiduciary trust, contact Keith Morris & Stacy Kelly at (346) 384-8768 today to learn more about our estate planning services.

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Have you lost a loved one and need to settle his or her estate? Do you need the estate administered correctly? Are you concerned that someone may be taking advantage of your relative’s death? Are you concerned about ensuring that the wishes of the deceased are honored?

If the answer to any of these questions is yes, our Texas law firm can help. We can assist you with questions related to inheritance law, will contests, guardianships, property rights, will forms, conservatorships, codicils, intestacy, and more. When you need a probate lawyer in Texas, call Keith Morris & Stacy Kelly.

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