A trustee is a fiduciary.
Executor or Administrator
Executors and Administrators are fiduciaries.
Power of Attorney
A power of attorney is a fiduciary
Removing a Fiduciary in Texas
A fiduciary is anyone who has possession or control of someone else’s property. The someone else is referred to as the beneficiary. Who is a fiduciary? They include a trustee, an executor, an administrator, a holder of a power of attorney,etc. The fiduciary owes the beneficiary the highest duty recognized in law. He is liable for a breach of his duties. One of the liabilities that a fiduciary faces is removal as the fiduciary.
Let’s use an executor as an example. A person dies and leaves a will that names an executor. The executor starts administering the estate but is not forthcoming with the beneficiaries and starts to take actions that benefit the executor rather than the beneficiaries. One of the actions that the beneficiary can take is to ask the court to remove the executor and replace him.
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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