Trustees, guardians, executors and estate administrators have special duties to beneficiaries or others protected by their “fiduciary” relationship. These are called fiduciary duties, and generally require them to act in the beneficiaries’ best interests and fulfill certain responsibilities.
Unfortunately, many individuals who agree to serve as fiduciaries use it to their own advantage. Did a guardian steal money from your loved one? Did an executor refuse to give you information about the estate? Did a trustee make unwise investment decisions? These are all examples of possible breaches of fiduciary duty.
If you believe your trustee, guardian, executor or administrator has breached his or her fiduciary duty to you or your loved one, The Law Office of Ryan C. Moe, PLLC, can help. Contact us by email or call 210-861-6000 to speak with an experienced breach of fiduciary duty lawyer in San Antonio, Texas.
We have substantial experience protecting the rights of individuals hurt by wrongful acts involving estate administration, probate and elder law fiduciary relationships.
There is no duty higher than a fiduciary duty under Texas law. By agreeing to be a fiduciary — whether as a guardian, trustee or executor — a person also agrees to represent one or multiple beneficiaries’ best interests when overseeing the beneficiaries’ property, money or care. Furthermore, there are specific duties that fiduciaries have to beneficiaries.
For example, a personal representative must locate and value estate assets, keep an accurate record of the assets, timely pay debts, distribute the assets and file estate tax returns. Trustee duties, on the other hand, involve such things as distributing and investing trust income, paying taxes and tracking all income, distributions and expenditures.
Failure to properly handle trust duties could be considered a breach of fiduciary duty. What constitutes a breach of fiduciary duty, however, is not set in stone. An attorney experienced in breach of fiduciary duty litigation can help you understand whether you are the victim of a fiduciary duty breach or whether there was a simple misunderstanding.
Fiduciary duty disputes often arise from probate litigation, when tensions are already very high. Our attorneys can help you understand your options for holding a fiduciary accountable for his or her wrongful acts. Schedule an initial consultation to discuss your concerns with one our skilled lawyers by calling 210-861-6000. If more convenient, you can also email us for an appointment.