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When a trustee stops acting in the best interests of the beneficiaries, the damage can be swift and significant. Assets can be mismanaged, funds can disappear, and the people who depend on the trust are left with little recourse unless they take action. If you are a beneficiary dealing with a trustee who is breaching their duties, you have legal options under Texas law, and understanding them is the first step toward protecting what is rightfully yours.
A trustee is not just an administrator. Under Texas law, trustees are held to strict fiduciary duties, meaning they are legally required to act in the best interests of the beneficiaries at all times. Those duties include:
When a trustee violates any of these duties, beneficiaries have the right to seek legal relief, including removal.
Texas courts do not remove trustees lightly. There must be a legitimate legal basis. The Texas Property Code also know as the Texas Trust Code (Section 113.082) outlines several grounds that courts recognize as sufficient cause for removal. The most common include:
Breach of Fiduciary Duty
This is the most frequently cited reason for removal. A trustee who steals from the trust, makes self-dealing transactions, invests recklessly, or favors one beneficiary over others may be committing a breach of fiduciary duty. Courts take this seriously, and a well-documented breach can be compelling grounds for immediate removal.
Failure to Account
Trustees may be required to provide regular accountings to beneficiaries. If a trustee refuses to do so, provides inaccurate accountings, or conceals financial information, that failure can support a removal action.
Incapacity or Unfitness
If a trustee becomes mentally incapacitated, develops a conflict of interest, or otherwise becomes unfit to manage the trust, the court can remove them even without a clear breach of duty.
Hostility or Breakdown of the Trust Relationship
Texas courts have recognized that when the relationship between a trustee and beneficiaries becomes so damaged that the trustee can no longer effectively administer the trust, removal may be appropriate. This can apply even in cases where the trustee has not committed an outright breach. Mere dislike is not good cause for removal.
Removing a trustee requires filing a lawsuit in the appropriate Texas probate or district court. Here is a general overview of how the process works:
First, you will need to gather evidence of the trustee’s misconduct or unfitness. This may include trust accountings, financial records, communications, and any documentation showing the breach or failure.
Second, a petition is filed with the court requesting the trustee’s removal. The petition must set out the legal basis for removal and the facts supporting it.
Third, the trustee has the right to respond and contest the removal. This means the process can become adversarial, and having an experienced fiduciary litigation attorney on your side is critical.
Fourth, the court may hold a hearing and review the evidence before making a decision. In urgent situations, beneficiaries can ask the court for a temporary restraining order or injunction to prevent the trustee from taking further action while the case proceeds.
If the court grants removal, a successor trustee will need to be appointed, either as named in the trust document or as approved by the court.
Yes. A trustee can resign, provided they give proper notice as required by the trust document and Texas law. However, resignation does not erase liability for past misconduct. If a trustee resigns to avoid a pending removal action, they may still face civil liability individually for any harm caused to the trust.
Trustee removal cases are not straightforward. They involve complex legal standards, detailed financial analysis, and courtroom advocacy. Without experienced legal representation, beneficiaries often struggle to gather the right evidence, meet procedural requirements, and make the strongest case before the court.
At Barr Law, PLLC, Andrea Barr represents beneficiaries throughout the Houston area who are dealing with trustees who are failing in their duties. Andrea Uresti Barr is an experienced fiduciary litigator who knows how to build a compelling case, move quickly when assets are at risk, and fight for the beneficiaries who have been harmed.
If you believe your trustee is not acting in your best interests, do not wait. Contact Barr Law, PLLC today.
Reach out today, and let Barr Law guide you with strategic counsel and unwavering support from the outset of your legal matter.
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