“Helpful and Trustworthy Attorney”
I was really sad that I even had to hire an attorney to deal with parts of my family when my dad died but he really helped me get through the process and was SO knowledgeable on everything that was going on.
Removing A Trustee In Texas
Trustees who oversee and manage family property are supposed to act in the best interest of the beneficiaries. Their conduct is held to high standards and monitored closely. If you are a trust beneficiary and feel the trustee is not fulfilling his or her fiduciary duty, you may be well advised to have them removed to avoid more problems further down the road.
“Helpful and Trustworthy Attorney”
“Ryan and team were very professional and empathetic regarding probating my sister’s estate.”
“Ryan and team were very professional and empathetic regarding probating my sister’s estate.”
They were caring and kind all the way through the process. I highly recommend them to anyone entitled to claim leftover funds from foreclosure or who need to probate an estate for a loved one. Here is a picture of myself and my lovely sister, Karen!
- Shirley H.
“After my Mom passed away and her house was foreclosed on, Ryan of Conscious Dealz helped me get the excess funds from the foreclosure.”
“After my Mom passed away and her house was foreclosed on, Ryan of Conscious Dealz helped me get the excess funds from the foreclosure.”
He told me the amount I would receive at the beginning of the process. He also told me that I would never have to step inside of a court room, which I didn’t want to due to the complex challenges of probate court. Ryan and his team worked very hard for me.
- AJ J.
“Keith and his team were fantastic.”
“Keith and his team were fantastic.”
Keith and his team were fantastic. We had heard horror stories of the probate process but our experience was fast and flawless with Keith. The loss of our loved one was very unexpected and the estate was complicated. Considering the circumstances I can honestly say it couldn’t have gone any better. I have already recommended Keith to others and will continue to.
- Thomas M.
“Thank you, Keith, I truly appreciate you.”
“Thank you, Keith, I truly appreciate you.”
He researched my problem, consulted another expert just for a second opinion, and responded to me with the answers I needed. He is a SUPER PERSON.
- Kathie
“He was responsive and found the right resources for us.”
“He was responsive and found the right resources for us.”
He helped my family navigate a unique probate and trust process right at the end of the year.
- Previous Client
“He is aggressive in court room while remaining respectful and compassionate to other lawyers and his clients.”
“He is aggressive in court room while remaining respectful and compassionate to other lawyers and his clients.”
Keith is one of the finest and technically proficient lawyers I have ever met.
- Jennifer
“Whenever I had a question or concern, all I had to do was call or email Keith.”
“Whenever I had a question or concern, all I had to do was call or email Keith.”
Keith is very professional and was able to settle my family dispute.
- Susan
Removing a trustee in Texas requires several criteria to be fulfilled:
- Violation of terms of the trust agreement by the trustee endangering the financial standing of the trust.
- Incapacity or insolvency of the trustee.
- Trustee’s failure to make accounting required by the terms of the trust.
- Other reasons stated by the court include self-dealing (managing the fund to his or her benefit) or stealing trust property.
- Hostility between trustee and beneficiaries.
Removing a Trustee in Texas for Failure in Accounting Trust Activity
The documents that set up the trust should have a procedure in place that allows a beneficiary to replace a certain trustee under certain conditions. If there is no specific right to remove a trustee granted in the trust statement, a probate court will have to make the decision.
As a beneficiary, you have the right to request certain information from the trustee, including a statement of trust assets, expenditures, and receipts. If the trustee does not provide the information he or she is legally obligated to, you may be eligible to file a lawsuit against the trustee.
The Texas Trust Code requires the trustee to provide an annual formal accounting in which all trust assets and trust activity must be reported, and all disbursements and transactions must be laid out. If the trustee is unwilling to follow his obligation, the beneficiary has the right to enforcement in court.
Removing a Trustee for Mismanagement of Trust Assets
If the trustee’s performance managing the trust property endangers its value, you may be able to sue them for damages to the trust. Removing a trustee in Texas does not necessarily require his or her misdealings to be malicious or intentional, such as theft from the trust — though that is certainly grounds for removal.
If the appointed trustee is not experienced in managing an estate and becomes overwhelmed with the obligations of distributing assets, paying creditors and taxes, and other management duties, the results can be disastrous for the financial standing of the trust and can be grounds for removal.
Take Steps to Remove a Trustee
To remove a trustee, a petition must be filed in probate court and a hearing will be scheduled. After an incompetent trustee has been removed, a successor will need to be appointed to take his or her place.
A lawsuit for breach of fiduciary duty can have various outcomes, including removal and replacement of a trustee, redistribution of property, or termination of the trust.
To ensure that you follow proper procedure in this often complex legal matter, contact the Houston trust attorney today!
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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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