Houston Breach of Fiduciary Duty Lawyer
Losing a loved one is difficult enough, and emotions can run high when dealing with the decedent's estate. If you suspect that your deceased parent or loved one was exploited or that his or her wishes are not being carried out properly, the situation can become even more complicated.
At Weiner & McCulloch, PLLC, we help clients with estate and probate disputes, including situations involving will contests and mismanagement of estates. Our skilled Houston breach of fiduciary duty attorneys will guide you through the process of bringing a claim or defend you from false allegations.
We understand how stressful this can be for you. Contact our offices in Houston to learn more about how we can help you through this difficult time.
Undue Influence: Did Someone Have Too Much Control Over the Deceased?
It can be difficult to know for certain if your loved one was unduly influenced or exploited prior to passing away. At our firm, we can help you determine if there was financial elder abuse by looking for key warning signs of undue influence, such as:
- Overreaching by an in-town or live-in child such as last minute loans to the child or being named as a cosigner on the deceased's accounts
- Large purchases or gifts to "favorite child" or "caring child"
- New and suspicious financial documents or inappropriate investments such as annuities or stocks
- New wills, powers of attorney or trusts with "unusual" provisions or ones that are markedly different from earlier instruments
- Inappropriate gifts to third parties such as caregivers, housekeepers or lawn maintenance staff
Mismanagement of the Estate by Representatives and Trustees
Representatives and trustees are held to a higher standard of care. They have a duty of loyalty and honesty to the estate they control, whether they are distributing assets under a will or controlling a trust, known as a fiduciary duty. This duty can be breached by a trustee or representative in a wide range of situations, including:
- Improper distribution of estate assets
- Inappropriate investment of trust assets, which diminishes the value of the estate
- Embezzlement or fraud
- Untimely distribution of assets
- Refusal to distribute funds
If you suspect a trustee or representative of breaching his or her fiduciary duty, we can help you bring a claim. Our estate litigation attorneys will work to hold the trustee or representative accountable.
Speak With an Elder Abuse Attorney Serving Houston and Galveston
Whether you are a trustee accused of breaching your fiduciary duty or a beneficiary disputing a will, our attorneys will provide you with personalized legal guidance and skilled representation. Contact a Galveston elder abuse lawyer at our firm to discuss your case. We help clients throughout the Houston area and surrounding communities, including Galveston, Galleria and Greenway.