Our fiduciary litigation team handles complex fiduciary litigation on behalf of individuals and institutions. We use our skills as experienced negotiators to use alternative dispute resolution to settle matters through arbitration, mediation, and negotiation when possible. However, our seasoned trial lawyers fiercely advocate for our clients in court.
At The Law Firm of Alton C. Todd Personal Injury Lawyers, our lawyers have almost 60 years of combined experience. Our attorneys are highly respected members of the legal community. With decades of experience, we have significant resources and contacts we use as we fight to protect our client’s interests.
Contact The Law Firm of Alton C. Todd Personal Injury Lawyers at (281) 992-8633 to schedule a free consultation with a Friendswood fiduciary litigation lawyer.
How The Law Firm of Alton C. Todd Personal Injury Lawyers Can Help You With Fiduciary Litigation in Texas
Our attorneys thoroughly understand the duties and responsibilities of a fiduciary. When a fiduciary relationship exists, the law imposes the highest duty of care. When disputes arise, working with an experienced fiduciary attorney is crucial.
When you hire our top-rated Friendswood fiduciary litigation lawyers, you can trust we will:
- Perform a thorough investigation and analysis of the dispute to identify all potential issues
- Explain your legal responsibilities and potential for liability
- Devise an effective strategy to resolve the dispute with your best interests in mind
- Use cost-effective settlement strategies to resolve fiduciary disputes
- Proceed to court and aggressively advocate for your position
Our attorneys have national and local recognition from numerous legal organizations. We have top ratings and awards from Super Lawyers and Avvo. Our attorneys are affiliated with the American College of Trial Lawyers, the National Board of Trial Advocacy, and the International Academy of Trial Lawyers.
Call The Law Firm of Alton C. Todd Personal Injury Lawyers to schedule a free consultation with an experienced Friendswood fiduciary litigation lawyer.
What Is a Fiduciary and Fiduciary Misconduct?
A fiduciary acts for the benefit of another party. The duty to protect a party’s interest results from the relationship between the parties. Examples of fiduciary relationships include:
- A trustee and a beneficiary
- An estate administrator and an heir
- A guardian and a ward
- A conservator and a ward
- An attorney-in-fact and the principal
- An executor and a legatee
The fiduciary must act in the best interests of the other person. They are required by law to avoid self-dealing and avoid conflicts of interest. Fiduciaries are also required to act in good faith and provide full disclosure. The law protects clients in fiduciary relationships.
If you are a fiduciary, we work with you to respond to disputes and resolve issues. We represent trustees, personal representatives, executors, attorneys-in-fact, guardians, conservators, and estate administrators.
Fiduciary misconduct may include mismanagement, theft, self-dealing, fraud, and other conduct that harms the interests of the other person. Our attorneys also represent beneficiaries, heirs, principals, and wards when fiduciaries do not meet the high standard of care required by law.
Examples of Disputes That May Lead to Fiduciary Litigation in Texas
Fiduciary litigation involving trusts, estates, and wills may arise from disputes involving trustees, executors, and other fiduciaries. Examples of breach of fiduciary duties that could lead to litigation include, but are not limited to, allegations of:
- Negligence in the management of the trust or estate assets and investments
- Removing property from the trust or estate
- Intentional acts of fraud, deception, and misrepresentation of facts
- Failing to carry out the instructions in a will or trust
- Self-dealing for personal gain
- Failing to fully and correctly conduct the administration of an estate
- Using a power of attorney for personal gain
- Mismanaging the assets in a conservatorship/guardianship
- Refusing to cooperate with heirs, beneficiaries, and other interested parties to provide information and documentation
Our attorneys focus on representing parties in conflicts related to trusts and estates. We understand each fiduciary dispute is unique. We tailor our services and approach accordingly. By taking a proactive approach to resolving disputes before we reach the courtroom, we provide cost-effective results for our clients.
Possible Remedies to Fiduciary Disputes and Breaches of Fiduciary Duty
Our fiduciary lawyers explore all possible remedies to fiduciary litigation to determine what would be in the client’s best interest. Potential ways to resolve fiduciary litigation include:
- Monetary settlement or award to compensate the party for losses incurred because of the breach or dispute.
- Punitive damages against the fiduciary if their actions were deliberate, fraudulent, grossly negligent, or malicious.
- Requiring the return of property taken for personal use.
- Injunctions to prevent the parties from taking further actions.
- Disgorgement of profits the fiduciary earned from the breach or misconduct.
- Adjustments to the terms of the trust or estate.
- Removal and replacement of the fiduciary.
Other remedies may be available depending on the specific circumstances involved in the fiduciary litigation. Our attorneys review all possible remedies to help you prioritize your goals for fiduciary litigation.
Learn More During a Free Consultation With a Friendswood Fiduciary Litigation Attorney
Protecting our client’s interests is our top priority at The Law Firm of Alton C. Todd Personal Injury Lawyers. We encourage you to contact us to schedule a free consultation with one of our Friendswood fiduciary litigation lawyers.
