Serving Travis & Williamson Counties

(512) 851-1248 Speak to an attorney

Fiduciary Accountability

Austin Will Contest Attorney

Holding executors and trustees accountable to the highest legal standards under the Texas Estates Code and Trust Code.

"A fiduciary is not a boss; they are a servant to the estate and its beneficiaries. When that servant starts helping themselves to the assets they were sworn to protect, the law provides powerful tools to stop them. - Kyle Robbins"

What Constitutes a Breach of Fiduciary Duty in Texas?

Not every disagreement with an executor is a breach of duty. However, Travis County probate courts take specific violations very seriously. To successfully litigate a breach of fiduciary duty, we focus on proving:

  • Self-Dealing: When a fiduciary uses estate or trust assets for their own financial gain, such as "loaning" themselves money or purchasing estate property at a discount.
  • Failure to Disclose: Fiduciaries have a "duty of candor." They must provide full, accurate information regarding the status of assets and transactions when requested.
  • Commingling Funds: Mixing personal money with estate or trust funds is a fundamental violation of the duty to keep estate property separate.
  • Asset Waste or Neglect: Allowing a loved one’s home to fall into foreclosure or ignoring a high-value investment portfolio that is losing value through inaction.
  • Improper Distributions: Making payments to themselves or favored heirs that violate the specific terms of the Will or Trust.

Our Fiduciary Litigation Toolbox

At Robbins Estate Law, we use a "follow the money" approach to hold fiduciaries accountable in Austin:

  • Demand for Accounting: We utilize Estates Code § 404.001 to force a non-responsive executor to provide a line-by-line report of every penny that has entered or left the estate.
  • Fiduciary Removal: If an executor or trustee is proven to be incompetent or has engaged in misconduct, we petition the Travis County Probate Court for their immediate removal.
  • Damages & Surcharge: We seek to make the beneficiaries whole by "surcharging" the fiduciary - forcing them to pay back lost funds from their own personal assets.
  • Injunctive Relief: If we suspect assets are currently being stolen or wasted, we seek emergency court orders to freeze accounts and stop further harm.

 

Case Study

The "Secret" Property Sale

The Situation: An Austin executor sold a family vacation home to his business partner for 60% of its market value without notifying the other siblings. He claimed the estate "needed cash," but the sale price was clearly a "sweetheart deal."

The Solution: We filed a lawsuit for breach of fiduciary duty in Travis County. We proved the executor had a conflict of interest and had violated the duty of loyalty by failing to obtain a fair market price for the asset.

The Result: The court voided the sale and removed the brother as executor. He was ordered to pay the siblings’ legal fees and was surcharged for the loss in value to the estate.

Common Questions (FAQ)

In Texas, you generally have four years from the date the breach occurred to file a lawsuit. However, because fiduciaries are presumed to have superior knowledge, the "discovery rule" may delay the start of this clock until you knew, or should have known, of the injury.

Yes. "Gross mismanagement" and the "failure to perform duties" are statutory grounds for removal in Travis County. If an executor is sitting on assets and refusing to move the probate forward, we can petition the court to replace them.

If we prove a breach of duty, the court can order the fiduciary to pay your attorney’s fees. In many cases, we also seek "exemplary" or punitive damages if the fiduciary's conduct was intentional or especially egregious.

Yes. While "Independent" executors in Texas have more freedom, they are still required to provide an accounting upon request once the estate has been open for 15 months (or sooner in some specific litigation scenarios).

A mistake made in good faith, like a minor accounting error that is quickly corrected, may not be a breach. A breach involves a violation of the core duties of loyalty and care, especially when the fiduciary personally benefits at the expense of the beneficiaries.

We are proud to have served thousands of families across Texas. Our Austin office currently maintains a 4.9-star rating based on 127 Google reviews from clients we have assisted with probate, guardianship, will contest, breach of fiduciary duty, and estate litigation.

Protect Your Assets

Schedule a confidential strategy session with our Austin team.

Robbins Estate Law may send SMS messages to communicate about your case, appointments, or requests you submit. You may opt out at any time.

Your information is 100% confidential.

Kyle Robbins

Attorney Review

Inheritance is a right, not a favor granted by the person in charge of the paperwork. We ensure the law remains on your side.

- Kyle Robbins, Esq.

Don't Wait Until the Money is Gone.

If you suspect a fiduciary is mismanaging an estate or trust, every day you wait is a day assets could be permanently lost. Act now.
(512) 851-1248

Hi Welcome to Robbins Estate Law.

What kind of matter can we assist you with?

This chat service uses a cookie to interact with you and maintain your chat history. Our service provider will monitor and record this chat for quality assurance (see their Privacy Policy ).