Trust and Estate Litigation with a client-focused approach

When someone creates an estate plan, they want to believe their estate is going to be managed exactly as intended. However, this isn’t always the way it plays out. Several factors can contribute to trust and estate litigation, such as family disputes, trustee mistakes, or abuse of funds. Dawson Law LLP® can help you navigate through the litigation process and provide you with strong representation. If you are in the Cedar Park, TX area and need experienced trust and estate representation, reach out to the Firm today.

Breach of Trustee Duties

Many trust disputes are really inter-family disputes; after mom and dad pass away, you discover one of your family members, commonly a sibling, is appointed to serve as the trustee. In Texas, a trustee is a “Fiduciary”, which requires the trustee to put the beneficiaries’ interest before his own. In this capacity, the trustee owes beneficiaries certain duties, such as accounting, prudent investing, filing of tax returns, and the highest degree of loyalty. Sometimes trustees make mistakes that can be easily fixed, and other times they’ve gone past the point of no return and the beneficiaries have been harmed. For example, harm may have occurred if the trustee was self-dealing, committed fraud, or violated the distribution terms of the trust.

Trust litigation is often handled in a probate court, which is a different court system that hear most other civil matters. Probate courts have significant experience in handling estate and trust matters, and disputes can typically be resolved faster and with less expense than other civil matters. Dawson Law LLP® provides creative and practical problem-solving solutions, as well as useful insight into the process. With a client-centered approach, you can have confidence that the Firm will not only provide experienced legal counsel but will also listen to you and your concerns during this difficult time.

Trustee Defense

Sometimes serving as a trustee can be a thankless job. You have to, among other things, manage trust assets, provide annual accountings, file tax returns, and keep nephew Johnny happy. This may become even more challenging when you manage the trust for multiple beneficiaries and, in some cases, there’s that one outlier who’s a thorn in your side wanting you to do things the trust agreement doesn’t allow you to do. True story: a trustee once had to deny a beneficiary’s distribution request because the albino python breeding business was a “bit” outside what the trust would allow. Sometimes a trustee’s mistakes are big, and sometimes it’s just simply a disgruntled beneficiary wanting more money. Dawson Law LLP® can help protect you from personal liability by taking steps ahead of time. If you’re facing a lawsuit or have been threatened with one, the Firm is happy to assist you in correcting these issues and help to minimize financial damage to you or the Trust.

Beneficiary Rights

As a beneficiary, you have well-established rights, and a trustee is not allowed to act with complete impunity. Trustees are required to uphold certain duties to the trust and its beneficiaries. Sometimes trustees make mistakes without knowing it, and sometimes trustees are acting purposefully to serve themselves or out of spite due to their personal misgivings towards you. Either way, these mistakes can cause you significant harm, and if not remedied, continue to cause harm. There is an inherent imbalance of power between the trustee and a beneficiary. In many cases, you may think your only option is to wait it out and hope the trustee will fall in line. Having well qualified legal counsel in your corner can help shift this imbalance of power and allow you to take an offensive position. If you’re facing challenges with a trustee, please contact Dawson Law LLP® to discuss your case.

SPEAK TO AN EXPERIENCED TRUST AND ESTATE LITIGATION ATTORNEY NEAR CEDAR PARK, TX

If you are ready to speak about your situation with a seasoned estate and trust litigation attorney in the area, contact Dawson Law LLP® at (512) 649-5010 or by email at info@dawson.law. You can expect tailored litigation strategies designed to support your unique goals and circumstances. Don’t hesitate to reach out with any questions or concerns.

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Wealthy individuals and business owners face special challenges when it comes to protecting and passing on their assets to heirs.

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Dawson Law LLP® is experienced with assisting families create an effective and
focused special needs estate plan.

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Probating can be complex, and Dawson Law LLP® can help guide you this process
to help ensure an efficient administration of the estate.

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