“We know trust related lawsuits can be complicated and confusing. Breathe a sigh of relief by hiring the experienced trust litigation lawyers at Romano & Sumner to aggressively fight for you. “
Experienced Litigators Handling Family Trust Legal Matters throughout the Sugar Land and Houston, Texas Areas
A trust is a fiduciary arrangement that allows a third party, or trustee, to hold assets on behalf of a beneficiary or beneficiaries. Trust litigation occurs when disputes arise over these trusts.
The trial lawyers at Romano & Sumner in Sugar Land, TX handle a variety of trust litigation matters, such as:
- Trust Contests
- Trust Fraud
- Trustee Fraud
- Trustee Breach of Fiduciary Duty
- Trustee Removal
Read below for a more thorough explanation of these services.
The trial attorneys at Romano & Sumner have experience in handling a variety of trust litigation matters.
As an experienced trust contest attorney will tell you, the creation of a trust must follow the requirements of Texas law; therefore, the validity of a trust may be the subject of trust litigation. Just as a will can be challenged and contested, so too can a trust be challenged on such grounds as fraud, duress, undue influence, coercion, or lack of mental capacity.
We often see these types of scenarios in a Trust Contest:
- Father has been showing increasing signs of dementia. Out-of-town daughter, who previously was not very involved in father’s life, swoops in and takes dad home with her. When dad passes one year later, his other children find out that during the time their father spent living with out-of-town daughter dad executed a trust which leaves everything to out-of-town daughter and disinherits all of his other children.
- Son lives with mother on the family ranch. When he does not get his way, son can be extremely hot headed and difficult. Because she is old and frail, mother is totally dependent on others for her activities of daily living. Son insists that he be the only one to help mother, and when his siblings try to assist he throws a fit and threatens to stop caring for his mom. At mother’s death, son’s siblings discover that their brother has unduly influenced mother into signing a trust that leaves the entire ranch to him to the exclusion of his brothers and sisters.
- All the children knew that Dad had a will that left his estate to them in equal shares. However, when Dad dies, evil daughter produces a trust that names her as the primary beneficiary. Upon comparing the signature on the trust to other signatures of Dad, evil daughter’s siblings question the authenticity of the writing.
Each type of challenge in a Trust Contest has specific legal standards which must be proven in order to overcome the trust in question. The trust contest lawyers at Romano & Sumner will thoughtfully listen to you explain your situation and help you to determine whether the trust with which you are dealing is capable of being challenged on the grounds of either fraud, duress, undue influence, coercion or lack of mental capacity.
Trust Fraud, Trustee Fraud, Trustee Breach of Fiduciary Duty & Removal of a Trustee
A trustee has a fiduciary duty to act in the best interest of the beneficiaries of the trust. A fiduciary duty is the highest standard of duty implied by Texas law. Sometimes when there is a breach of fiduciary duty by a trustee the beneficiaries of the trust can institute a proceeding for removal of the trustee.
The following situations are ones we commonly encounter in trust fraud, trustee fraud, trustee breach of fiduciary duty and removal of a trustee cases:
- Uncle has been named as trustee of minor nephew’s trust. Although nephew’s trust should have plenty of money in it, Uncle makes minimal distributions and claims that the trust has been almost depleted.
- Sister is named as trustee of the family trust created by mom and dad. After repeated requests for information and documentation sister refuses to divulge any information about the assets or management of the trust to her siblings.
- Aunt is named as trustee of a trust set up for niece by niece’s deceased parents. Aunt neglects her duties as trustee and fails to properly diversify trust investments causing the trust assets to be dangerously exposed to the whims of the market. Although Aunt is too busy to properly manage niece’s trust, she refuses to relinquish control to a more qualified party.
The trust litigation legal team at Romano & Sumner have dealt with these situations before and can assist you in enforcing your rights as a trust beneficiary. If a trustee is mismanaging your trust, stealing trust assets or refusing to turn over requested information to you, our attorneys will lead you through the process of either bringing a trustee in line or instituting a proceeding for removal of a trustee.
If you are looking for aggressive and knowledgeable trust contest lawyers, trust fraud lawyers, trustee fraud lawyers, trustee breach of fiduciary duty lawyers or removal of a trustee attorneys, contact the trial lawyers at Romano & Sumner.
Romano & Sumner, LLC is proud to serve these Texas areas
Cities / Suburbs:
The Woodlands | Sugar Land | Baytown | Conroe | Katy | Friendswood | Pearland | League City | Richmond | Rosenberg | Spring | Humble | Kingwood | Clear Lake City | Stafford | Jersey Village | Cypress | Missouri City
77478 | 77479 | 77487 | 77496 | 77498 | 77459 | 77489
Harris County, Fort Bend County, and surrounding counties