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Corpus Christi 361-792-3811 Austin 512-640-4099 San Antonio 210-960-9008 Victoria 361-575-3101

Alex R. Hernandez Jr. Trial Lawyers PLLC handles trust litigation when there are disputes with the interpretation of the trust or a settlor or trustee is abusing their fiduciary duty including mismanagement of trust funds. A trust is created by a settlor, who transfers title to some or all of his or her property to a trustee, who then holds title to that property in trust for the benefit of the beneficiaries.

Texas Property Code Sec. 112.001. METHODS OF CREATING TRUST. A trust may be created by:

(1) a property owner’s declaration that the owner holds the property as trustee for another person;

<p(2) a property owner’s inter vivos transfer of the property to another person as trustee for the transferor or a third person;

(3) a property owner’s testamentary transfer to another person as trustee for a third person;

(4) an appointment under a power of appointment to another person as trustee for the donee of the power or for a third person; or

(5) a promise to another person whose rights under the promise are to be held in trust for a third person.

The trust is governed by the terms under which it was created. In most jurisdictions, this requires a contractual trust agreement or deed. It is possible for a single individual to assume the role of more than one of these parties, and for multiple individuals to share a single role. For example, in a living trust it is common for the grantor to be both a trustee and a lifetime beneficiary, while naming other contingent beneficiaries.

A trust agreement spells out the rules that you want followed for property held in trust for your beneficiaries. Common objectives for trusts are to reduce the estate tax liability, to protect property in your estate, and to avoid probate.Trust litigation specifically involves the administration and distribution of a trust or the mismanagement of that trust usually. Usually trusts are created with conditions on the distribution of the assets in the account and are managed by a third party trustee. When that trust is mismanagement it may take a beneficiary to step in and request the trustee be removed or changed.

Estate and trust litigation attorneys primarily represent clients in litigated disputes over estate and trust assets or distributions. Estate litigation involves wills and matters arising from the death of an individual in relation to their assets. This is where our law firm comes in. We handle the trial and litigation aspects of the trustee removal, objections to changes, or defending the trustee from removal.

Call us today if you have a trust litigation issue that needs attention.

Call Alex R. Hernandez Jr. 1-888-HDZ-LAW-8. Let us protect your money and inheritance, let us protect you.

Main Office, Corpus Christi:


921 N. Chaparral Suite 100
Corpus Christi, Texas 78401

Phone: 361-792-3811

Austin Office:


501 Congress Suite 150
Austin Texas 78701

512-640-4099

Victoria Office


101 W. Goodwin Suite 750
Victoria, Texas 77901

Phone 361-575-3101

Port Lavaca Office


402 W. Main St.
Port Lavaca, Texas 77979

Phone 361-552-3100

Beverly Hills


9465 Wilshire Suite 300
Beverly Hills 90212

Phone 818-797-9903

Orange County


600 Anton Blvd Tower 1, 11th Floor
Costa Mesa 92626

818-797-9903

Ontario


3281 Gustasi 7th Floor
Ontario 91761

818-797-9903

Sherman Oaks


15233 Ventura Blvd. Suite 500
Sherman Oaks 91403

818-797-9903

Los Angeles


633 W 5th St.
Los Angeles 90071

818-797-9903

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