Breach of Fiduciary Duty
Breach of Fiduciary Duty by Executors, Administrators & Trustees
An executor, administrator, or trustee does not own the estate — they manage it for the beneficiaries. When they put their own interests first, hide what they're doing, or refuse to answer for the money, Texas law gives beneficiaries powerful tools to demand answers and recover losses.
Self-dealing & hidden assets
15-month accounting demand
Surcharge & recovery remedies
Collin & DFW probate courts
Why People Call
Every Month of Silence Costs the Estate
A fiduciary who is commingling, self-dealing, or stalling is usually doing the most damage in the quiet stretch before anyone pushes back. Assets get moved, sold, or spent, and a thin paper trail gets thinner. The faster a beneficiary asserts the right to disclosure and an accounting, the more of the estate can still be protected and traced.
The duties a fiduciary owes you
Executors, administrators, and trustees are fiduciaries. They owe duties of loyalty, full disclosure, and to account for what they do with the estate or trust. They must put the beneficiaries' interests ahead of their own — that is the whole job, not a courtesy.
What a breach looks like
Self-dealing (buying estate property cheap, paying themselves unjustified fees), commingling estate funds with their own, concealing assets or transactions, and waste or neglect that lets value bleed away are all breaches. So is stonewalling beneficiaries who are entitled to know what's happening.
Your right to an accounting
A beneficiary may demand an accounting from an independent executor once 15 months have passed since the executor qualified (Tex. Est. Code § 404.001). A refusal to provide a proper accounting is itself a serious problem and often the first crack that exposes deeper misconduct.
Remedies and why this firm
Courts can order an accounting, surcharge a fiduciary for losses, deny fees, and in proper cases remove them. Our probate litigation team — Therese Gutierrez (English, Filipino, Tagalog) and Stephan D. Hwang, a litigator since 2007 with Fifth District appellate experience — pursues these remedies in the Collin County and North Texas courts. We are not board certified; we are trial-ready.
Good Fit
Cases we are built to handle
An executor or trustee is paying themselves or buying estate assets on favorable terms
You're a beneficiary and the fiduciary won't disclose what's happening with the estate
More than 15 months have passed and you still have no proper accounting
Assets seem to be missing, undervalued, or quietly transferred to the fiduciary or their family
Estate property is being wasted, neglected, or left to deteriorate
May Not Need Us
When a full probate lawyer may not be necessary
You're frustrated by normal delays but have no sign of self-dealing or concealment
The fiduciary's decisions are reasonable and documented — you simply disagree with them
The amounts at issue are too small to justify the cost of forcing an accounting in court
How We Work
Clear next steps before you hire us
We start with a 15-minute attorney consultation to identify whether the estate has a court problem worth solving. If it does, we explain whether the matter fits a flat fee, hourly work, or contingency structure where appropriate.
Rights and records review
We confirm your status as a beneficiary, identify which duties are in play, and map what disclosure and accounting you're already entitled to.
Demand and discovery
We make a formal demand for an accounting and disclosure, then use the response — or the refusal — to trace assets and document the breach.
Surcharge, removal, or settlement
Depending on the proof, we pursue an accounting, surcharge for losses, removal of the fiduciary, or a negotiated resolution that makes the estate whole.
Common Questions
Probate Questions Before You Call
When can I demand an accounting from an executor?
What counts as a breach of fiduciary duty?
What can the court do about a fiduciary who breached?
Related Probate Help
Hold a Fiduciary Accountable
If an executor or trustee is hiding the ball or helping themselves, our team will review your rights and the path to an accounting. Serving McKinney, Southlake, and the greater DFW metroplex.