Trust Contests & Trust Administration
What Is a Trust Attorney?
A trust is a legal relationship for management of property for myriad reasons but, usually, for someone who is not good at or capable of managing money, is incapacitated, is a minor or for someone who may have a drug addiction or is subject to being easily influenced. Typically, a trust is designed to give a trusted family member, a close and trusted friend, or financial institution the legal responsibility to manage property or assets for the benefit of another.
A trust can be invalid for the similar reasons as a Will. A trust or trust amendment may be invalid if:
- A person lacked the mental capacity to understand the business in which he/she was engaged at the time the trust was signed,
- A person is coerced or subjected to undue influence
- A person in a position of reliance or in a fiduciary relationship with the grantor/settlor takes advantage of the position and influences a person to sign a trust.
Note: Mental capacity is different than testamentary capacity necessary to sign a Will.
In such event(s), a lawsuit can be filed to set aside the trust or trust amendment and to restore the trust or property to its original form. Our team of Dallas trust attorneys has understands trust law and is prepared to represent you in relation to:
- Lack of mental capacity — A trust can be invalid because the settlor may not have the mental capacity to create the trust.
- Undue influence — forcing a settlor/grantor to sign a trust he/she would not have signed, but for the pressure and duress.
- Trustee removal
While the trustee is, typically, someone that the grantor or settlor of a Trust can rely on to protect his or her possessions for the beneficiaries; unfortunately, that reliance and trust can be betrayed. If betrayed that person that was entrusted with that property must be held accountable. We can help you seek redress and damages for abuse of that position and, even, theft of that money or property from that fiduciary.
Dallas Trust Dispute Lawyers Safeguarding Your Property
For nearly three decades, founder R. Kevin Spencer has helped clients throughout the great State of Texas find peace by making trustees follow the terms of the Trust, to account and to answer for their wrongdoing. Examples of this include:
- Ignoring their duties
- Failing to disclose information
- Failing to account or self-dealing
TA careless, negligent or manipulative trustee cannot be tolerated. Trust mismanagement should not happen; often, a trustee’s self-dealing is embezzlement. We are dedicating to forcing trustees to “do the right thing,” or pay the consequences of failing to do so. We help stop your trustee from abusing the position. If you feel that your trust or a loved one’s trust is being poorly managed, administered, your trustee has abused the position, or if you have been accused as a trustee of mishandling a trust, Spencer, Johnson & Harvell, PLLC, can help.
Generally, known throughout the great State of Texas for our exceptional estate litigation practice, our Dallas trust and estate lawyers have been successful in forcing trustees to perform, or to obtain their removal or resignation. After meeting with you to discuss the situation, our trust litigation lawyers will review relevant documents to develop a “game-winning” strategy to pursue the trustee. We always strive to resolve sensitive family matters outside of court, if possible, but we are absolutely ready to go to trial and will be tenacious in pursing a result all the way through verdict and final appeals.
Trust Defense Lawyers Protecting You From False or Misguided Allegations
If you are a trustee of trust and have been accused of failing to disclose, mishandling the trust, mismanagement, misappropriation, embezzlement, failing to account or self-dealing, then it is extremely important to hire a strong, capable trust attorney immediately to obtain sound advice about your defense. Addressing the issues with the beneficiaries early can, sometimes, avoid costly litigation. Waiting can be devastating, if the case ever makes it before a jury. We have experience suing trustees, so we are well acquainted with how to advise trustees to avoid getting sued.
We, at Spencer, Johnson & Harvell, PLLC, are well equipped and have the knowledge and skill necessary to defend a fiduciary from false, incorrect, or misguided accusations. We care about your position and want to try and make it right with those accusing you or, if not, by trying to convince a jury that the accusations are invalid, unsound or wrong and that you acted appropriately.
We will evaluate your exposure and design the best possible strategy to address the allegations. Whether you have received a demand for disclosure or an accounting or have been accused of mishandling trust funds or, even, served with a petition for damages or your removal as trustee, we will apply our experience and expertise to meet the accusations or lawsuit head-on to, hopefully, get a quick resolution. If not, we will represent and defend you from all such actions, including your removal.
Accused of mishandling a trust? Have you been sued as trustee for removal? If you have been approached about violating your fiduciary duties regarding a trust or sued for removal and you need solid representation, Spencer, Johnson & Harvell, PLLC, can help.
Learn about how Spencer, Johnson & Harvell, PLLC handles will contests and disputes.