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 strong legal counsel 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. Our Dallas trustee defense attorneys have experience suing trustees, so we are well-acquainted with what trustees do that gets them sued.
We, at Spencer & Johnson, PLLC, 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 convincing a jury that the accusations are wrong and that you acted appropriately.
Custom Strategy for Your Situation
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, misappropriation, mismanagement, embezzlement, not following the terms of the trust, failing to properly account or have been served with a petition for your removal as trustee, then we can put our legal skill and expertise to work for you in immediately addressing the problem to hopefully bring quick resolution. If not, then to represent you and defend you from all such actions, including your removal.
It is not uncommon for beneficiaries to claim that the trust itself is invalid rather than questioning the abilities and decision-making skills of the trustee himself or herself. If someone files a suit to alter the term of a trust or say that a portion of the trust is invalid, typically, the trustee is called upon to defend the trust.
If the trustee cannot or chooses not to defend the trust, a beneficiary can defend it. Our firm will carefully examine the trust and any documentation that is presented to challenge the validity of the trust. We will develop a strong defense that moves toward a successful resolution.