Our last post discussed legal remedies that Texas beneficiaries may assert against trustees. Now we conclude this series and highlight some of the more important points we addressed. This series on beneficiary rights to trust information covered the following topics:
- Overview—Texas Trust Beneficiaries’ Rights to Trust Information
- Trust Beneficiaries May Lack Access to Trust Information
- Texas Beneficiaries Have Several Methods of Discovering Trust Information
- Trust Disclosures Can Reveal Theft and Other Misdeeds
- Texans Have Legal Remedies When Trust Information Reveals Theft and Other Misconduct
- Series Recap—Texas Trust Beneficiaries’ Rights to Trust Information
We hope you’ve enjoyed this series. To close out this series, we’d like to emphasize some of the most important topics in previous posts. The following considerations should be important for all Texas trust beneficiaries:
–Seek the trust agreement. This document sets out the terms of the trust. It will let you know whether you are a beneficiary and tell you generally the type of trust property you’re entitled to receive, how much of it you’re entitled to receive, and when you’re entitled to receive it.
–Keep a paper trail. Request trust information in writing. Keep a reliable record of all your letters, emails, and text messages to the trustee. Make follow-up requests and keep records of those, too.
–Consider the costs and benefits of an accounting. Texas beneficiaries have the legal option to compel the trustee to provide an accounting of the trust. The cost of the accounting, however, can be high. It depends on your circumstances. Discuss costs and benefits of a trust accounting with your attorney.
–Keep digging. Your trustee may have a compelling reason to refuse your requests—the trust information may reveal the trustee’s misconduct. The trustee is trying to cover those tracks by ignoring your requests. Don’t give up! With the information you uncover, your trust attorney may use that information to prevent further damage to the trust and compensate the trust for its losses.
We now end our series on Texas beneficiaries’ rights to trust information. If you require legal assistance to access that information, please contact us. The Johnson Firm’s trust lawyers help beneficiaries access trust information and act on that information. Our lawyers serve clients throughout Texas, including Dallas, Houston, Austin, San Antonio, El Paso, Midland, Odessa, and Fort Worth.