Breach of Fiduciary Duty in Texas: How to Hold Executors and Trustees Accountable
When a loved one passes away, families expect the person handling the estate to follow the law and act with integrity. Most people appointed as executors or trustees take that responsibility seriously. They communicate, keep records, and make decisions that protect the estate. However, every now and then someone breaks that trust. When that happens, families often feel blindsided and unsure of what to do next.
If you are dealing with an estate or trust in Texas and something feels off, you are not alone. I have been seated across the table from executors who couldn’t explain a single transaction and have seen so many situations where money went missing, decisions were made behind closed doors, and beneficiaries were left in the dark. These situations can be stressful, emotional, and financially damaging. The good news is that Texas law gives families real tools to hold fiduciaries accountable, and with the right strategy, you can protect what your loved one built.
This is where fiduciary litigation steps in. It is the legal process for addressing executor misconduct or trustee liability. The goal is to set things right, recover what was lost, and ensure the estate or trust is handled properly going forward. Before you can decide what to do, it helps to understand what a fiduciary is and what duties they owe under Texas law.
What a Fiduciary Is Supposed to Do
A fiduciary is someone who must act in the best interests of someone else. In estates, that person is usually an executor or administrator. In trusts, it is the trustee. The job requires honesty, transparency, good recordkeeping, and careful decision-making. The fiduciary does not have to be perfect, but he or she must act responsibly. They should communicate with beneficiaries, provide documentation when asked, and manage assets with care.
When someone takes that role seriously, the estate process feels smoother for everyone. When someone abuses the role, it can create confusion, conflict, and lasting financial harm. Families deserve to know the signs of trouble.
Common Signs of Executor Misconduct or Trustee Abuse
Executor misconduct and trustee liability often reveal themselves in patterns. You may notice delayed communication or no communication at all. You might ask for information and get excuses instead of answers. Bank accounts may not balance. Property may be sold without explanation. You might hear about expenses that make no sense. You might start to feel like someone is hiding something.
Here are some of the red flags I see most often:
- Missing financial records or resistance to providing them
- Unexplained withdrawals or unusual transactions
- Selling estate property too quickly or to a friend
- Favoring certain beneficiaries
- Refusing to share accountings
- Charging excessive fees
- Mixing estate funds with personal funds
- Ignoring deadlines or court requirements.
If something feels wrong, trust that instinct. It’s usually right.
However, it doesn’t always mean someone is acting in bad faith. Sometimes a fiduciary is simply overwhelmed or uninformed. Other times the behavior is deliberate. Either way, you have rights, and the law gives you ways to respond.
Your Rights Under Texas Law
Beneficiaries in Texas have important protections. You may request a formal accounting that shows exactly how money has been handled. You may petition the court to demand transparency. If the situation continues or you discover serious problems, you may ask the court to suspend or remove the executor or trustee. You may seek repayment for losses. You may pursue damages in cases involving fraud or self-dealing.
These steps fall under fiduciary litigation, which is the process of examining what happened and deciding what needs to be fixed. Texas courts take these matters seriously because the entire estate system depends on trust and responsibility.
How Breach of Fiduciary Duty Is Proven
Proving a breach requires evidence. Bank statements, emails, transaction histories, inventories, receipts, and witness testimony all play a role. Sometimes the case is straightforward. Other times it requires a deeper investigation into the fiduciary’s actions, motives, and decisions.
Strong cases tend to show clear violations of the fiduciary’s obligations. These may include mismanagement that reduces the value of the estate or trust, misuse of funds, or behavior that benefits the fiduciary more than the beneficiaries. Courts look closely at whether the fiduciary acted with honesty and reasonable judgment. When they find misconduct, the consequences can be significant.
Why Experienced Guidance Helps
Fiduciary disputes may escalate quickly. Emotions run high, and family relationships may make communication difficult. High-value estates often bring additional complications. Investments, business interests, real estate, and blended families all add layers that require careful handling.
These situations benefit from a clear, confident strategy. When families feel overwhelmed, my job is to steady the situation, analyze the facts, and take action that protects their interests. I have spent years handling complex fiduciary litigation and guiding families through these exact circumstances. You deserve someone who knows the terrain and is ready to stand firm when things get tense.
Moving Forward With Assurance
If you believe an executor or trustee is mishandling the estate or trust, then you do not have to navigate it on your own. Asking questions is a smart first step. Gathering documents is another. When something feels wrong, it is worth addressing before more damage occurs.
Your loved one worked hard to build your family’s legacy, and it deserves the same strength and vigilance now. With the right approach, you can protect what matters and move the estate forward with confidence and control.
If you would like help understanding your options or reviewing your situation, I am here to support you through the process. I’ve handled these problems for years, and I know how fast these situations can spiral when no one steps in. Let’s talk.
