“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.
Improper Investment Breach of Fiduciary Duty in Texas
Fiduciaries have a great responsibility to serve their clients’ interests. When a fiduciary fails to perform their duties while making investments on behalf of their clients, whether through negligence, greed or an honest mistake, the effects can be devastating.
“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
A Fiduciary Must Put the Interests of Their Clients Ahead Of Their Own
Simply put, a fiduciary is a person who is entrusted with handling another person’s money or property. A fiduciary can be an accountant, corporate officer, guardian, estate executor, lawyer, or investment professional. The responsibilities of a fiduciary include duties of care and loyalty – care for the assets placed in their trust and loyalty to do what’s in the best interests of the beneficiary. Fiduciaries are legally obligated to act only in the best interests of the beneficiary, manage their money and property with care, keep their money and property separate, and maintain detailed records of any financial activities made on behalf of the beneficiary.
When making investments for a client, the fiduciary must:
- Use reasonable care when acting on behalf of or advising their clients
- Provide full disclosure to their clients
- Avoid misleading their clients
- Seek the best prices and terms for the transactions they make on behalf of their clients
- Avoid conflicts of interest
- Never use a client’s assets for their own benefit
What Is Improper Investment Breach of Fiduciary Duty in Texas?
A fiduciary has an obligation to act in their client’s best interests, even when this means putting the client’s interests ahead of their own. A breach of fiduciary duty occurs when the fiduciary fails to perform their duties.
Examples of improper investment breach of fiduciary duty in Texas include:
- Mismanagement of funds
- Failure to disclose key information
- Misleading the client
- Investment fraud
- Conflicts of interest
- Borrowing money from the client’s account without authorization
- Fraud and embezzlement
- Favoring one client at the expense of another
When an improper investment breach of fiduciary duty in Texas occurs, the fiduciary can and should be held accountable for their actions. Under Texas law, their clients may be able to seek restitution for their losses, whether the breach of duty was an intentional or unintentional act. Restitution can consist of actual damages, exemplary damages, constructive trust, fee forfeiture, and other forms of restitution.
In order to prevail in a breach of fiduciary duty claim, the plaintiff must prove:
- The existence of a fiduciary relationship between the plaintiff and the defendant;
- That the defendant breached his fiduciary duty to the plaintiff; and
- That there was injury to the plaintiff or benefit to the defendant resulting from that breach of duty.
A breach of fiduciary duty can result in substantial financial losses for the victims. If you feel that you have been the victim of a breach of fiduciary duty from improper investment in Texas, it is important to seek the help of a skilled attorney with the experience and knowledge to recognize, investigate, and establish proof that a breach of fiduciary duty occurred. Hiring a Houston investment malpractice attorney to represent you in your breach of fiduciary duty claim can improve your chances of prevailing in your lawsuit.
Houston Breach of Fiduciary Duty Attorney
Houston fiduciary litigation lawyer Keith Morris is prepared to offer assistance and guidance for a breach of fiduciary duty in Texas. With many years of experience, Attorney Morris has successfully represented clients in a wide range of breaches of fiduciary claims.
To discuss your fiduciary litigation issue, please call Keith Morris & Stacy Kelly, Attorneys at Law at (346) 384-8768 in Houston and (817) 532-6797 in Fort Worth to schedule a free consultation with one of our highly qualified Houston business lawyers. We are eager to evaluate the details in your case and provide sound professional advice on how to proceed with your claim. Our clients know they can depend on us to implement an effective legal strategy that highlights the strengths in their case while exposing the flaws in the defendant’s case.
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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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