Texas Breach of Fiduciary Duty Lawyer Jason S. Coomer Handles A Variety of Texas Breach of Fiduciary Duty Claims Including Texas Trustee, Executor, Guardian, Executive, Financial Adviser, Board of Director, POA, and Administrator Breach of Fiduciary Duty Lawsuits by Texas Breach of Fiduciary Duty Lawyer and Texas Fiduciary Duty Lawyer Jason S. Coomer

Texas Breach of Fiduciary Duty Lawyer Jason Coomer handles Texas breach of fiduciary duty lawsuits. Breach of fiduciary duty claims and lawsuits can arise from a large variety of situations and relationships. Some prime examples of breach of fiduciary duty claims include situations where Texas Executors, Texas Trustees, Texas Business Executives, Texas Board of Directors, Texas Financial Advisors, Texas Guardians, Texas Lawyers, or Texas Accountants have breached their fiduciary duty causing a business, heir, or other plaintiff to suffer significant damages.  As a Texas breach of fiduciary duty lawyer, he also represents executors, administrators, trustees, guardians, business executives, persons holding powers of attorney, and other persons or entities who have been accused of breaching their fiduciary duty.

For questions about a Texas Breach of Fiduciary Duty Lawsuit, please feel free to send an e-mail message to Texas Breach of Fiduciary Duty Fraud Lawyer Jason S. Coomer or use our contact form.

Texas Fiduciary Duty Claims

Texas Breach of Fiduciary Duty Law Requires the Existence of a Fiduciary Duty Between the Plaintiff and the Defendant

To prevail on a breach of fiduciary duty claim under Texas law, a plaintiff must first prove the existence of a fiduciary relationship between the plaintiff and the defendant. See Lundy v. Masson, 260 S.W.3d 482, 501 (Tex. App.—Houston [14th Dist.] 2008, pet. denied). “[A] fiduciary duty arises out of agency law based upon a special relationship between the two parties.” In re Bass, 113 S.W.3d 735, 743 (Tex. 2003) (orig. proceeding) (citing Johnson v. Brewer & Pritchard, P.C., 73 S.W.3d 193, 200 (Tex. 2002)); see also Shands v. Tex. State Bank, 121 S.W.3d 75, 77 (Tex. App.—San Antonio 2003, pet. denied) (stating that an agency relationship creates a fiduciary relationship as a matter of law). An agent is a person who is authorized to act for another and is subject to the control of the other. SITQ E.U., Inc. v. Reata Rests., Inc., 111 S.W.3d 638, 652 (Tex. App.—Fort Worth 2003, pet. denied) (noting that agency is generally a question of fact and that the trial court, as factfinder, was free to resolve any inconsistencies in the conflicting testimony to support its implied finding of agency). “Texas law does not presume agency, and the party who alleges it has the burden of proving it.” IRA Res. Inc. v. Griego, 221 S.W.3d 592, 597 (Tex. 2007); Tex. Cityview Care Ctr., L.P. v. Fryer, 227 S.W.3d 345, 352 (Tex. App.—Fort Worth 2007, pet. dism’d) (same).

Texas Executors Have Fiduciary Duties To Properly Adminster An Estate Pursuant to the Will and Texas Laws

Under Texas law, an Executor of an estate has to take an oath to fulfill the wishes of the decedent's Will.  Failure to properly comply with the Will and violating the oath of the executor can result in a breach of fiduciary duty lawsuit against the executor for negligently or fraudulently failing to comply with a decedent's wishes or Texas law.

Further, when a Texas Executor is sworn in, they take on fiduciary duties. These duties include placing the interests of the Will beneficary or beneficiaries above their own. Further, the executor must abide by the Will and Texas law in fulfilling their fiduciary duties. They should avoid self-dealing, conflicts of interests, and other potential violations of their fiduciary duties. If an executor is accused of breaching their fiduciary duty, they should hire a Texas Executor Fiduciary Duty Lawyer to review the accusation and potentially help defend any breach of fiduciary duty claims. On other hand, if Texas beneficiaries believe a Texas executor has breached their fiduciary duties, they should consult a Texas Breach of Executor's Fiduciary Duty Lawyer about removal of the executor and potential breach of fiduciary duty claims.

Texas Excutor Fraud and Removal

Executors who commit fraud on an estate or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts.  If you are a beneficiary of a Will and an executor has lost or intentionally stolen estate property, it is important to hire a Texas Executor Fraud, Breach of Fiduciary Duty, and Removal Lawyer who can help the rightful beneficiaries seek compensation for theft of estate assets or negligence committed by an executor.  If you are a Texas Executor and have been accused of breaching your fiduciary duty, it is important to hire a Texas Executor Fiduciary Duty Lawyer that can help defend potential Texas breach of fiduciary duty lawsuits.

Texas Administrators and Guardians Also Have Fiduciary Duties Which Must Be Fulfilled

Administrators and Guardians like Executors have a fiduciary duties under Texas probate law to properly manage and distribute the assets of an estate for the benefit of heirs and wards. As such, Administrators and Guardians have to take an oath to fulfill Texas law in managing an estate and should place the interests of the heirs and wards before their own when handling estate assets.  Failure to comply with Texas probate law and mismanagement of estate assets can result in a Texas breach of fiduciary duty lawsuit against the administrator or guardian for failure to comply with the decedent's wishes or the ward's best interests.

Texas Business Executives, Financial Advisors, Accountants, Board Members, Lawyers, Trustees and Persons Acting on a Power of Attorney Also Have Fiduciary Duties and If Accused of Breaching Their Fiduciary Duty Should Hire A Texas Fiduciary Duty Lawyer to Help Defend the Breach of Fiduciary Duty Claims

Under Texas law, many different positions and professions impose fiduciary duties on the persons that have accented these positions.  Some of these positions include business executives, financial advisors, accountants, board members, lawyers, trustees, and persons acting on a power of attorney.  For these people, there can often be claims of breach of fiduciary duty that need to be addressed.  When holding a position of trust and being accused of breaching a fiduciary duty, it is often best to consult a Texas breach of fiduciary duty lawyer to determine how to best defend the allegations and prevent future allegations.

Additionally, the fiduciary duty is created in situations where a person or entity is in a position of trust and can cause significant damage by violation the fiduciary duty.  In situations where a fiduciary duty has been violated and the breach of fiduciary duty has caused significant damages, it is often a good idea to consult a Texas Breach of Fiduciary Duty Lawyer to determine how to seek compensation from the person or entity that breached the duty.

Travis County Texas Breach of Fiduciary Duty Lawyer

As a Travis County Texas Breach of Fiduciary Duty Lawyer, Jason Coomer handles Texas Breach of Fiduciary Duty Lawsuits throughout Travis County including West Lake Fiduciary Duty Lawsuits, Lake Pointe Fiduciary Duty Lawsuits, Lakeway Estate Fiduciary Duty Lawsuits, and other Texas Fiduciary Duty Lawsuits that take place in the Austin area and throughout Texas.  He handles Tarrytown Fiduciary Duty Lawsuits, Westlake Hills Fiduciary Duty Lawsuits, Barton Springs Fiduciary Duty Issues, Rollingwood Fiduciary Duty Lawsuits, Northwest Hills Executive Fraud Lawsuits, Steiner Ranch Lawsuits, and other Executor Fraud, Negligent Executor and Estate Fraud Claims arising in Travis County, Texas.

Austin Texas Fiduciary Duty Lawyer, Austin Texas Breach of Fiduciary Duty Lawyer, Central Texas Fiduciary Duty Lawyer, and Central Texas Breach of Fiduciary Duty Lawyer

As an Austin Texas Fiduciary Duty Lawyer, Jason Coomer, handles Texas probate lawsuits, Texas business lawsuits, Texas executor fraud removal lawsuits, Texas guardian fraud lawsuits, and Texas Power of Attorney Lawsuits in Austin Texas and throughout Central Texas including Travis County, Williamson County, Hays County, Blanco County, Bexar County, and Comal County.  He also works with other Texas Breach of Fiduciary Duty Lawyers on large estate and business litigation matters throughout Texas including Houston Business Fraud Breach of Fiduciary Duty Lawyers, Dallas Executor Breach of Fiduciary Duty Lawyers, El Paso Business Breach of Fiduciary Duty Lawyers, Laredo Inheritance Fraud Lawyers, Fort Bend County Business Fraud Lawyers, Corpus Christi Trustee Fraud Breach of Fiduciary Duty Lawyers, Tyler Probate Executor Fraud Breach of Fiduciary Duty Lawyers, and many other Texas Breach of Fiduciary Duty Lawyers.

For questions about a Texas Breach of Fiduciary Duty Lawsuit, please feel free to send an e-mail message to Texas Breach of Fiduciary Duty Fraud Lawyer Jason S. Coomer or use our contact form.

Austin Texas Executor, Guardian, and Administrator Breach of Fiduciary Duty Lawyer

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