A trustee is a fiduciary.
Executor or Administrator
Executors and Administrators are fiduciaries.
Power of Attorney
A power of attorney is a fiduciary
Who is a fiduciary in Texas?
Everyone who controls money or property of another!
Basic Rule: In general, anyone who has possession of or control over the money or property of another is a fiduciary.
This includes holders of a power of attorney, executors, administrators, trustees, bankers, etc. In any action that benefits the fiduciary, there is a presumption of undue influence.
To learn about the duties and liabilities of a fiduciary in Texas, look at this page:
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.