Trust Contests & Trust Administration
Spencer Law, P.C. | Fighting Hard For You in Your Trust Dispute
A trust is a legal avenue for creating management of property for someone who is not capable of doing so or who needs to be protected from having full access to large sums of money all at once. Typically, a trust is designed to give a family member, loved one, or financial institution the legal responsibility to manage property or assets for the benefit of another part.
A trust can be invalid for the same or 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.
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 an understanding of trust law and is more than prepared to help you with your dilemma involving:
- 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 intended to be someone that the grantor or settlor of a Trust can rely on to protect his or her possessions for the benefit of loved ones, that reliance and trust can be betrayed.
Dallas Trust Dispute Lawyers Safeguarding Your Property
For nearly two decades, founder R. Kevin Spencer has helped clients throughout the State of Texas find peace of mind and legal protection from trustees, who refuse to perform their duties according to the terms of the trust. Examples of this include:
- Ignoring their duties
- Failing to disclose information
- Failing to account or self-dealing
We are dedicated to holding individuals accountable for their mismanagement of trust property. A careless, negligent or manipulative trustee should not be tolerated. We help stop such abuse through legal action. 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 trustee of mishandling a trust, Spencer Law, P.C., can help.
Known throughout North Texas for our exceptional estate litigation practice, our Dallas trust and estate lawyers have been very successful in the past in getting trustees to correctly perform or resign their duties. After meeting with you to discuss your situation in detail, our trust litigation lawyers will review the related documents to identify the items included in the trust and the actions of the trustee. We always strive to resolve sensitive family matters outside of court, if possible. However, if the opposing party is unwilling to work with you to reach a resolution, we will tenaciously pursue and protect your interests at trial.
Trust Defense Lawyers Protecting You From False or Misguided Allegations
If you are a trustee of a 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 obtain a strong, capable trust attorney immediately. Addressing the issues with the beneficiaries early can avoid costly litigation. Waiting to address the issues can have devastating consequences, 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 Law, P.C., 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 wrong and that you acted appropriately. As Dallas based estate attorneys, we can see the big picture and once all information is provided, we can evaluate your exposure and design the best possible strategy for you to address the issues. If you have been accused of mishandling trust funds or have been served with a petition for your removal as trustee, then we can put our skill and expertise to work for you in immediately addressing the problem to hopefully bring quick resolution. If not, then we will work to represent you 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 Law, P.C., can help.
Learn about how Spencer Law, P.C., handles will contests and disputes.
Call Spencer Law, P.C., Today
Spencer Law, P.C., invites you to contact our law office today to schedule a free consultation regarding your estate and trust matters. We are located in Dallas, Texas. We travel throughout the State of Texas to serve our clients. Our business hours are Monday through Friday from 9 a.m. to 5:30 p.m., and evenings and weekends by appointment. Ask us about our hourly fee and contingency fee arrangements.