A trustee is a fiduciary.
Executor or Administrator
Executors and Administrators are fiduciaries.
Power of Attorney
A power of attorney is a fiduciary
Liabilities of a Fiduciary in Texas
- Direct damages.
- Consequential damages.
- Mental anguish.
- Constructive trust.
- Rescission and restitution.
- Reduce or deny compensation.
- Any other appropriate relief.
If a fiduciary breaches his duties, the court can impose the remedies listed above.
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 person who is an Executor, Administrator, Trustee, or who has a Power of Attorney is a fiduciary. A fiduciary must act in the best interest of the beneficiaries and show that each of his actions was in the beneficiaries’ best interest. When an action benefits the fiduciary in any way, there is a presumption of unfairness, and the fiduciary may be liable.
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.
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