Trust Litigation
Last updated on May 7, 2025
Trust disputes are complicated, often driven by emotion, family conflict and other difficult factors. For example, you might be a trustee facing allegations of financial mismanagement. Perhaps you are a beneficiary trying to protect your interest in the trust. Or maybe you are an heir challenging the validity of the trust terms. Whatever the case may be, handling these situations requires the guidance of a skilled trust litigation lawyer.
At Aldrich Law Firm, PLLC, we know that disputes between trustees, beneficiaries and other interested parties can lead to trust litigation. That is why our attorneys are adept at helping families manage such disagreements and are committed to providing personalized service to each client. With over 25 years of experience, our lawyers are ready to protect your rights, preserve legacies and find resolutions that honor the true intentions behind the trust.
Let us help you find answers. Contact our firm at (210) 418-1150 to book a consultation.
Why Do Families Turn To Trust Litigation?
Disputes about trust can stem from numerous factors, but there are a few that our firm frequently handles. Common reasons for trust litigation in Texas include:
- Breach of fiduciary duty. Trustees must act in the best interests of the beneficiaries and administer the trust according to its terms. If a trustee breaches this duty by mishandling assets or acting for their own benefit, beneficiaries may file a lawsuit to remove the trustee or hold them accountable for damages.
- Disputes over the distribution of assets. Beneficiaries may disagree over how trust assets should be distributed. This can arise when the language contained in the trust document is contradictory or ambiguous, or when a beneficiary believes that they are entitled to a larger share of the trust assets than the other beneficiaries.
- Trust modification or termination. In some cases, beneficiaries may seek to modify or terminate a trust. This can occur when the trust no longer serves its original purpose or when circumstances change that make it difficult or impossible to administer the trust according to its terms.
- Trust contests. Beneficiaries may challenge the validity of a trust. For example, they may allege that it was executed under undue influence or that the grantor lacked the required mental capacity to create the trust.
- Accounting disputes. Beneficiaries may seek an accounting of trust assets and expenses to ensure that the trustee is properly managing the trust and fulfilling their fiduciary duties.
- Charitable trust disputes. Charitable trusts are trusts established for charitable purposes. Disputes can arise when questions arise about how the charitable assets are being used or when the trust is mismanaged.
- Removal of a trustee. Removal of a trustee refers to the process of removing a trustee from their position of managing a trust. This may occur if the trustee breaches their fiduciary duties, misappropriates trust assets or negligently manages trust property.
If you find yourself in any of these situations, don’t hesitate to seek professional legal advice. At Aldrich Law Firm, PLLC, our attorneys are here to guide you through the intricacies of trust litigation and help you find the best path forward.
The Trust Litigation Process
Trust litigation typically begins with the filing of a petition in a statutory probate or district court. The petition describes the basis for the dispute and requests relief from the court, such as removing a trustee, modifying a trust or ordering an accounting of trust assets.
The next phase involves discovery, where both sides gather evidence, exchange information and conduct depositions. During this process, lawyers often try to negotiate a settlement out of court. If needed, mediation with a neutral third party may be used to facilitate a resolution.
If settlement efforts fail, your trust litigation lawyer will prepare for trial. You will then present your case before a judge, who makes the final decision. If either party disagrees with the outcome, they may have the option to appeal the court’s decision.
Note that each case is unique, and the process may vary depending on the specific circumstances. Nevertheless, it’s important to work closely with your attorney to avoid any further issues during this process.
How Trust Litigation Can Affect Family Dynamics
Trust litigation often goes beyond legal disputes; it can also impact family relationships. When trusts become contentious, long-standing family dynamics can quickly unravel. In turn, this can bring buried conflicts and resentments to the surface. The emotional stakes in these cases are often high, as family members find themselves pitted against one another.
From our experience, key aspects of family dynamics in trust litigation include:
- Sibling rivalries resurfacing
- Parent-child relationships being tested
- Blended family conflicts emerging
- Long-held resentments coming to light
- Communication breakdowns escalating tensions
Balancing legal rights with family ties is a delicate act. At Aldrich Law Firm, PLLC, we recognize the sensitive nature of these disputes, and our compassionate attorneys strive to resolve conflicts while preserving relationships where possible.
Find Peace Of Mind With The Help Of A Trust Litigation Attorney
Trust litigation in Texas can be complex and time-consuming. It is important to seek the assistance of an experienced trust litigation attorney who can help you navigate the legal process and work to protect your interests. With the help of a skilled trust litigator, you can work to resolve your trust dispute and ensure that your rights are protected.
To schedule a consultation with one of our trust litigation attorneys at Aldrich Law Firm, PLLC, please call us today at (210) 418-1150 or send us a message by completing the intake form on our website.
