Texas Trust Attorneys
We offer some of the top trust attorneys Texas has to offer. Individuals and families in need of exceptional trust preparation in the North Texas area can count on the lawyers and staff at Brandy Austin Law Firm. We are dedicated to protecting that which our clients value most. Contact us today to learn how we can assist you.
Representation From Premier Attorneys
We strongly believe in a team approach to trust and estate planning law. Creating a trust may be an essential part of your estate planning process. Trusts help save your family time, hassle, confusion, and frustration in the event of your death. Trusts come in many varieties, and they can be simple or complex. Trusts can be prepared to serve a variety of purposes.
Are You Considering Establishing A Trust?
If you’re in need of valued Texas trust attorneys, contact our experienced team. Many people considering a trust are immediately concerned or put off by the price. Some simply believe a will is cheaper and is “good enough.” Trusts do cost more up front because they require more in-depth planning. But it saves your family time and money in the long run.
A will provides instructions for your end-of-life wishes, but a trust allows you to designate how, when, and why someone receives your property. You can even designate a trustee over the finances, giving you a higher degree of control over your estate and provide you peace of mind.
Trust Litigation Experience
A legal dispute can be frustrating, confusing, and cause distance between everyone involved. When the dispute is involve an estate or trust, the ability to think clearly and act with the right intentions may be clouded.
If a trust dispute cannot be settled in an appropriate manner, it may quickly erupt into serious problems that can go beyond an argument. In some cases, trust disputes have became physically harmful and even deadly.
Our estate lawyers remain sensitive to these kinds of issues and are mindful of the emotions that may be involved.
Common Trust Litigation Issues We Handle
Our Texas trust litigation attorneys have found that most trust disputes arise when a beneficiary is named trustee, and then practices mismanagement, such as self-dealing. If this occurs, it is considered to be a breach in fiduciary duties. Other litigation matters are as follows:
Undue Influence
Undue influence is frequent when there is a vulnerable elder involved. This influence refers to emotional manipulation, coercion, or even intimidation to force the drafter of the trust into modifying the legal document in favor of the person influencing them.
Poorly Written
It is possible for the beneficiaries to challenge a trust when it is unclear, includes illegal provisions, or has otherwise been drafted poorly.
Breach Of Fiduciary Duties
Whenever a trustee has not upheld their responsibilities, and financial harm has occurred, it may be considered a breach of fiduciary duties.
Additional trust litigation matters include:
- Misconduct Of A Trust
- Removal Of A Trustee
- Trust Reformation Dispute
- Unkept Or Wrong Accounting Practices
- Misappropriation Of Property And Assets
- Fraud
- Mistake In A Trust
- Third Party Disputes
It does not matter what your situation may be, if you suspect a trust has been mishandled, a dedicated trust attorney from our office should be sought as soon as possible.
Why Our Firm?
Probate court generally oversees trust litigation matters. This area of the law is complex and considerably different from other civil court matters. A judge who will oversee the case usually has decades of experience in estate law. Having an equally experienced trust attorney from our office can significantly help.
At Brandy Austin Law Firm, we offer:
- A Team Of Qualified Professionals
- Comprehensive, Honest Legal Representation
- Quality Estate Planning And Trust Litigation Services
- Frequent Case Updates
- Creative, Strategic Solutions
Our team of dedicated trust attorneys are recognized for our excellence and ability to find solutions to challenging obstacles. We strive to offer each and every client with empathy, honesty, and comfort. We’ll be ready to mentor you and explain to you what you can expect so you can make a decision that is best for you and everyone else involved.
Yes, trust litigation issues might be upsetting, but they can be made easier when you have the right trust litigation lawyer on your side. Contact our firm for a free consultation.
Do I Need A Trust?
There are many reasons to create a trust, all of which are sensible and offer advantages. However, there is more than one type of trust and it is important to know the differences and are clear that the type of trust you select meets the expectations you set in creating the trust in the first place.
Understanding what you want to accomplish by creating a trust determines the kind of trust you to create to manage your family’s assets. Our Texas trust lawyers can help you decide which trusts would benefit your family the most.
There are many different kinds of trusts you can create if you have specific concerns, such as a special needs trust, set up to take care of a special needs after the caregivers are gone. The two most common trusts are revocable and irrevocable trusts. One will protect your assets while you are alive, one will not.
Revocable Living Trusts And Creditors
You may think it is a good idea to have a trust that you manage but if one of the reasons you want the trust to protect your assets from creditors or others who may have a legal claim against you, Texas trust attorneys know the revocable living trust is not the way to go.
The primary purpose of a revocable living trust is to save those you love time, money, and hassle by avoiding the probate process after you pass away. Depending upon your family’s financial situation, this can be a big time and money saver. You, as the trustee, have complete control over the assets in the trust and can add or take away from the trust at any time. In the trust, you appoint someone to take over the responsibilities of the trust. This person is known as the ‘successor trustee’.
Because you, as the trustee, or manager, of the trust, retain ownership over the assets in the trust, you are not protected from those who may have legal claims against you. The law considers you the owner of the trust because a revocable living trust allows you to add and take away assets from the trust without any restrictions. You can also revoke the trust at any time and the assets would revert to you name instead of the name on the trust. For all those reasons, creditors can go after the assets in the trust should they have a successful claim against you.
Trust attorneys can explain that there is another disadvantage of having a revocable living trust is that any income generated by the assets in the account has to be reported on your personal income tax return. As long as you are the trustee of your own trust, the income from the trust is considered taxable.
What Can I Do To Protect My Assets From Creditors?
Creating an irrevocable trust is one way to shield your assets from creditors. You cannot personally control or revoke the trust and the assets are not legally considered yours anymore and therefore not accessible to creditors.
If you are considering a trust, have a discussion with one of the trust attorneys Texas clients recommend from Brandy Austin Law Firm, PLLC to determine which type of trust is best for your family and financial situation.
Contact Our Firm Today
Our experienced trust attorneys provide legal services for Texas residents across the state. Call or contact us online to schedule a free consultation.
Client Review
“Yesha did a great job handling my PI case. Kept me very informed and always made sure I understood what the situation was. Thank you so much Yesha and the Brandy Austin Law Firm. “
Maria Torres
