Representation of Trustees

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Representation of Trustees

When navigating decisions regarding their duties in the complex minefield of the Texas Trust Code, Texas case law, and the language of the trust itself, we have been sought after to provide risk management advice to large corporate trustees as well as individual trustees, such as surviving spouses and next of kin.
 
Our litigation team vigorously defends trustees against lawsuits alleging breaches of fiduciary duty and violations of the terms of the trust, as well as demands for accountings, suits for removal of the trustee, miscellaneous lawsuits involving the trust, suits by creditors of the trust, and suits relating to family limited partnerships, closely-held corporations or other limited liability companies in which the trust owns an interest.
 
In situations where a trustee faces a controversial decision, we are able to obtain court orders declaring what action the trustee should take in order to avoid risk. We work to obtain releases from the beneficiaries, and in the event a beneficiary does not sign a release, we often prepare a trust accounting for the court's approval and a court-ordered release from liability.

 

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