A trustee is a fiduciary.
Executor or Administrator
Executors and Administrators are fiduciaries.
Power of Attorney
A power of attorney is a fiduciary
Duties of a Fiduciary in Texas
- Ensure that all transaction are fair and equitable to the beneficiary.
- Make reasonable use of any confidence the beneficiary places in him.
- Act in the utmost good faith and exercise the most scrupulous honesty toward the beneficiary.
- Place the interest of the beneficiary before his own and not use his position to benefit himself at the expense of the beneficiary.
- Fully and fairly disclose important information to the beneficiary.
A fiduciary has the highest duty recognized by law. If he violates any of his duties, he is liable under the law of those violations. Read more about a fiduciary’s liabilities here.
Inheritance disputes involve someone who has taken advantage of the elderly. These cases are complicated and most often, but not always, involve outsiders. We represent you knowing that these inheritance disputes are private and painful family matters. We know this is a stressful time for you. We strive to obtain the quickest and best results possible so that you can get this troubling episode behind you.
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A Texas spendthrift trust provides for the beneficiary but is not available to the beneficiary’s creditors. A creditor cannot get to the assets of the trust.
A trustees and executors are fiduciaries and owe duties to the beneficiaries of the trust or estate that they are in charge of. If they breach those duties, the can be removed. The removal suit may involve the Texas Anti-SLAPP, TCPA law.
A fiduciary owes the duty of loyalty and good faith, integrity of the strictest kind, fair, honest dealing, and the duty not to conceal matters which might influence his actions to his principal’s prejudice.
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