Whether you’re a beneficiary or even a concerned family member, when something feels off about how a trust is being managed, it can be hard to know exactly where to turn.
Trust disputes can quickly become some of the most painful legal battles a family can face. They’re rarely just about the money. They’re about broken promises and deep concerns of fairness. If you’re starting to question whether a trust is being handled properly, having a clear understanding of the next steps becomes essential.
Understanding what comes next
A trust is an important legal document that can serve several purposes. It can replace or supplement a last will and testament, and even help manage property during your life. A trust lets assets be held and managed by one party (the trustee) for the benefit of another (the beneficiary).
However, when the trustee’s actions feel secretive, self-serving or suspicious, it’s natural to question whether the trust is being handled properly. Common claims for contesting a trust include:
- Lack of capacity: the belief that the person who created the trust wasn’t of sound mind
- Undue influence: when someone pressures or manipulates the trust’s creator
- Breach of fiduciary duty: when a trustee fails to act in the beneficiaries’ best interests
- Outright fraud: intentional deception in the creation or handling of the trust
In Texas, the law allows beneficiaries several tools to protect their rights, including the ability to demand an accounting, petition to remove a trustee or being able to challenge the terms of a trust under certain conditions. But, navigating these disputes takes more than just legal knowledge. It takes strategy, precision and an understanding of the emotional toll involved.
If you’re worried about how a trust is being handled, it can help to speak with someone who understands both the legal complexities and the human sides of these disputes. A private, thoughtful conversation can bring clarity and help you take the next steps with confidence.