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Similar to will contests, an interested heir/beneficiary may challenge trust documents executed by the Grantor/Settlor if he or she lacked contractual capacity or was unduly influenced into executing the trust. We have invalidated trusts, "busted" improper or unnecessary trusts or even recovered trust assets that were stolen.
If you are a beneficiary in a Trust, then you may be able to stop a trustee from ignoring the trust agreement, absconding with trust assets or otherwise breaching his or her fiduciary duties to the beneficiaries of the trust. We have handled many trust disputes where a trustee stole trust assets, failed to account for the assets of the trust or favored one beneficiary over another. Call us today for a free consultation.
The Texas Property Code provides a mechanism for beneficiaries of a trust to request and obtain an accounting from a trustee. Specifically, Texas Property Code Section 113.151 states that "a beneficiary by written demand may request the trustee to deliver to each beneficiary of the trust a written statement of accounts covering all transactions since the last accounting or since the creation of the trust, whichever is later." If you requested an accounting and a received no response or an inadequate response, then we may be able to remove the trustee or compel a thorough accounting.
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