Legal Question in Wills and Trusts in Texas

Trust Management Dispute

I am a beneficiary of a trust established by my late grandmother. This was a revocable living trust written by her attorney, and naming her attorney as both personal representative for probate and successor trustee. The document basically gives the attorney the right to pay himself indefinitely out of the trust for 'estate work' with no distributions for up to 30 years, and no end in sight. After two years, the heirs have decided to take action. My question is, if we sue this attorney, can he use the trust assets to fight our claim against him? Will this just lead to further depletion of the trust? Is there some sort of 'stop action' that can put a hold on the trust funds until the matter is resolved?


Asked on 1/08/08, 4:22 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Trust Management Dispute

If you're asking these kind of questions, you need to confer with your attorney who will pursue this matter for you. Sounds like a breach of fiduciary duty somewhere most likely. Good Luck.

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Answered on 1/08/08, 4:44 pm


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