Houston, TX Fiduciary Representation Attorneys

Lawyer for Estate Administrators in Houston, TX

Guiding an estate through probate or administering a trust can be a big responsibility. It is an honor when someone has trusted you to handle his or her estate, but this honor comes with a legal duty to act in the best interests of the beneficiaries. This is called a fiduciary duty, and you could be legally liable if you breach this duty. While most smaller probate estates can be handled within a few months and with few complications, larger estates or estates governed by trusts can be complicated.

The Fealy Law Firm, PC is experienced in representing estate administrators like executors and successor trustees. Attorney Vicky Fealy will guide you through the process and help ensure that you are meeting your legal responsibilities. She can provide support and legal guidance the entire time you are tasked with managing an estate, whether you are handling a small probate estate or a long-term trust.

Texas Attorney for Defending Estate Contests

If the estate you are administering becomes the subject of estate litigation, you will need an experienced attorney to defend the estate and its rightful beneficiaries. Estate contests can arise for a variety of reasons - most often, the core of the problem is that someone feels that he or she should have received more than what he or she was given. Family members may claim that someone had an undue influence over the decedent, or there may be a question about whether a testator had the capacity to write a will.

The decedent's creditors may also initiate probation litigation. You are also responsible for defending the estate against creditor claims. It is best to have an attorney's help, as this type of case often requires a deep dive into the testator's finances.

Other common causes of litigation during probate or trust administration include:

• Missing or stolen estate property - If an item or financial fund that should have been found among the decedent's property is missing or you suspect that it has been taken without authorization, you may need to take action to recover this property.
• Appraisal disputes - Knowing the value of certain property is essential. If there is a dispute over what a particular asset is worth, you may need to oversee the resolution.
• Unclear terms - It may be unclear what the trustor or testator meant by certain provisions found in the estate plans. You may be tasked with having disagreements resolved.

Part of your responsibility is to protect the estate property from these challenges.

Trust Administration Support

Trustees often have far more discretion than probate administrators. You may be responsible for investing the funds contained in the trust to preserve wealth for future generations, or you may have the discretion to make distributions based on the beneficiaries' needs. It is best to work closely with an attorney when you have discretion in managing a trust to ensure that any decisions you make are legally sound.

Breach of Fiduciary Duty and Administrator Removal Defense

As a fiduciary, you can be held legally responsible for any loss of estate property caused by your negligence or that occurred because you acted in your own self-interest. Even fiduciaries who are doing their best may make a mistake, or be accused of breaching their duty by a beneficiary who is unhappy with what they have received. If you are accused of breaching your fiduciary duty, it is important to have strong legal representation to protect your interests.

Beneficiaries of a trust or will may also seek to have an administrator or executor removed if they are unhappy with the work he or she is doing. This type of case does not necessarily need to be based on a breach of fiduciary duty.

Contact a Harris County, TX Lawyer for Fiduciary Representation

The Fealy Law Firm, PC is highly experienced in representing the interests of estate fiduciaries. Experienced Houston area attorney Vicky Fealy will work to resolve any disputes surrounding the estate you are managing while protecting you from any liability. Contact us at 713-526-5220 for a complimentary consultation.