Dallas Trust Litigation Attorneys

Our Dallas trust litigation attorneys represent trustees, heirs, beneficiaries, spouses, creditors, and guardians in contested trust disputes, including breach of fiduciary duty, trust contest, trust theft and fraud, undue influence, and more. Our experience and proven process can help you get a better result sooner so you can move on from your trust dispute faster.

4131 N. Central Expressway, Suite 900 Dallas, Texas 75204

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Trust Litigation Services We Offer in Dallas

RMO offers a variety of trust litigation services in Dallas. If you are facing one or more of the following contentious trust issues, reach out today to schedule a free consultation with the Dallas RMO attorneys.

Trust Theft and Misappropriation

Trust theft and misappropriation involve the unauthorized use of assets by a trustee or another individual in a position of responsibility. RMO is dedicated to defending trustees or pursuing claims of theft and misappropriation on behalf of families and other beneficiaries in the Dallas area. We work diligently to ensure that all assets are distributed fairly and in line with the wishes of the deceased, protecting your intended inheritance.

Disputes Over Trust Amendments and Distribution

Disputes over trust amendments and distribution often arise when there is disagreement over changes to the trust document or how assets should be distributed. In Dallas, our attorneys are well-versed in navigating these complex legal challenges. We ensure fair and equitable distribution following the deceased’s intentions and help resolve conflicts related to trust amendments.

Trustee Breach of Fiduciary Duty

Trustees are required to manage trust assets per the deceased’s instructions. When they fail to fulfill these duties—whether by mismanaging assets, failing to communicate with beneficiaries, or improperly distributing assets—beneficiaries and other interested parties have the right to take legal action.

Our Dallas-based trust litigation attorneys can help beneficiaries identify breaches of fiduciary duty and hold trustees accountable, helping you secure the assets you are entitled to. We also may be able to help if you are a trustee wrongfully accused of breaching your fiduciary duty.

Elder Financial Abuse and Exploitation Claims

Financial abuse is an all-too-common situation, especially when vulnerable seniors are taken advantage of when creating or amending their trust instrument. Our Dallas attorneys are committed to protecting elderly individuals from exploitation. We work tirelessly to prevent financial elder abuse, take legal action against perpetrators, and secure the trust’s assets from any further exploitation.

Trust Administration Challenges

Administering a trust can present various challenges, particularly when disputes arise over how the trust’s terms should be executed. Our trust litigation attorneys in Dallas are skilled in interpreting complex trust documents and resolving any disputes that may arise during administration. We strive to keep the process on track, ensuring that it aligns with the wishes of the deceased.

Trust Fraud

Trust fraud occurs when a trustee provides false information, conceals assets, or misrepresents key details regarding a trust or trust assets. If you believe a trust you are an interested party in is being subjected to fraud or you are being accused of trust fraud in Dallas County, the RMO team is here to help. We have significant experience in identifying fraudulent activities and taking the necessary steps to protect the trust's integrity and safeguard both the beneficiaries' and trustee’s rightful interests.

Trustee Removal and Suspension

Conflicts involving trustees can sometimes necessitate their removal, suspension, or even resignation. If such issues arise in Dallas County, we offer expert legal support to both sides of these disputes. Our goal is to protect the integrity of the trust and uphold the wishes of the deceased, ensuring that the trust’s administration remains consistent with their intentions.

Dementia, Incapacity, and Undue Influence Claims

Concerns over mental capacity, dementia, or undue influence can lead to disputes. Whether these issues arise during the creation or amendment of a trust, our Dallas legal team has extensive experience handling such sensitive cases. We offer a variety of legal strategies to address claims of mental incapacity or undue influence, ensuring the trust reflects the true intentions of the creator.

Trust Contests

Trust contests occur when there is a challenge to the validity of a trust, often due to questions about the legal capacity of the trust creator or concerns about undue influence. In Dallas County, RMO provides experienced counsel in trust contest cases. We help beneficiaries and interested parties challenge trusts or trustees to defend a trust’s provisions, ensuring that the true intentions of the trust creator are upheld.

Trust Petitions

When disputes or concerns arise over trust terms or the conduct of trustees, filing a trust petition in Dallas County courts may be necessary and often is the first step of trust litigation. This process places the trust under the supervision of the probate court, helping to resolve conflicts. Our Dallas attorneys guide clients through the trust petition process, whether they are initiating legal action or responding to it.

Who Do We Represent?

Navigating trust disputes is an extremely complicated process that may involve multiple parties. We represent all the following clients across Dallas in understanding their legal rights and achieving an appropriate resolution in trust litigation disputes.

TRUSTEES

Our Dallas trust attorneys assist trustees in navigating the complexities of their responsibilities. We provide counsel on interpreting and managing trustee duties, ensuring compliance with legal requirements, and offering strategic guidance for sound decision-making. If disputes or breach of duty claims arise, we’re here to defend trustees and protect their interests.

BENEFICIARIES AND HEIRS

Beneficiaries and heirs often face challenges when disputes arise over trust distributions or inheritance rights. Our Dallas trust litigation attorneys advocate for beneficiaries and heirs, defending their rights in disputes, contesting questionable amendments, and ensuring they receive the assets to which they are entitled.

SPOUSES

Spouses have distinct rights in probate and trust litigation, and our Dallas probate estate attorneys are dedicated to helping them understand and assert these rights. Whether dealing with trust disputes or pursuing spousal claims, we offer legal representation and guidance to help spouses recover what is rightfully theirs.

Who hires RMO Lawyers

 

 

CREDITORS

Creditors involved in the probate process must follow specific procedures to ensure they can collect debts owed to them. Our Dallas trust litigation attorneys assist creditors in navigating the legal process to assert claims, ensuring that they take the right steps to recover what they are due.

Guardians

If you are a guardian and your ward has passed, legal representation may be necessary to resolve any disputes between you and trustees, beneficiaries, or any other interested parties. At RMO, we’ll guide you through the process, providing legal support every step of the way.

Dallas Trust Case Scenarios

  1. Recovered $2 Million in Trust Funds: Secured injunctive relief in Dallas County that required the return of $2,000,000 in unlawfully distributed trust funds held by a business partner of the client’s deceased mother.
  2. Defended Trustee in Family Dispute: Defended a trustee against false accusations of mismanagement and theft initiated by her son’s ex-wife. We secured a settlement in Dallas probate court that fully exonerated our client.
  3. Protected Elderly Client in Dallas County: Defended an elderly client against guardianship proceedings orchestrated by her son-in-law, who sought control of her multi-million-dollar trust. We proved the son-in-law acted in bad faith, resulting in him being ordered to pay fees and costs.

Preserved Six-Figure Inheritance in Dallas: Protected a client’s six-figure inheritance from her grandmother by successfully defending the validity of her grandmother’s trust against challenges brought by spiteful aunts and uncles.

Why Hire RMO Lawyers?

We do one thing—probate disputes—and we do them really well. At RMO LLP, we help our Dallas area clients get better real-world results sooner so they can move on with their lives. Protecting People. Defending Legacies. That’s RMO.

Our clients trust us as some of the best lawyers in the greater Dallas area, but they know us as even better people. We take pride in our efforts in the courtroom, but we also go above and beyond to serve our community while maintaining a high level of character and integrity in the process.

Every single thing we do is driven by our core values:

  • Compassion
  • Precision
  • Accountability
  • Partnership

For our Dallas clients, these values mean we’ll take the time to hear you, understand the family dynamics surrounding your case, and learn the full facts about your situation. With this context, we’ll create a winning strategy for your case to help you achieve the best possible outcome in as little time as possible.

Dallas Probate Courts

The Dallas County Probate Courts are a statutorily created probate court system headed by elected judges. In general, a probate court probates the wills of deceased persons, declares the heirs of deceased persons who die without a will, establishes guardianships for incapacitated persons and minors, and supervises court-ordered involuntary mental health commitments in Dallas County.

A probate court also has jurisdiction to hear lawsuits appertaining to or incident to an estate of a decedent or ward and actions by or against a personal representative of a decedent’s or ward’s estate. These ancillary cases cover a wide range of topics, from product liability to fiduciary litigation to medical malpractice to family law.

The Probate Court

  1. Presiding Judge Julia R. Malveaux
  2. Associate Judge Mary Jayne McNeil
  3. Renaissance Tower
  4. 1201 Elm Street
  5. Suite 2400-A
  6. Dallas, TX 75270

Probate Court No. 2

  1. Presiding Judge Ingrid M. Warren
  2. Associate Judge Lincoln Monroe
  3. Renaissance Tower
  4. 1201 Elm Street
  5. Suite 2200-A
  6. Dallas, TX 75270


Probate Court No. 3

  1. Presiding Judge Margaret Jones-Johnson
  2. Associate Judge Tomi Shehan
  3. Renaissance Tower
  4. 1201 Elm Street
  5. Suite 2200-B
  6. Dallas, TX 75270

Texas Will And Estate Resources

Many trust disputes can be avoided with proper estate planning and communication between the trust creator, trustees, and beneficiaries. It is highly advisable to consult with an estate planning attorney to discuss your goals and any potential issues you foresee. A qualified estate planner can answer your questions and provide you with the information you need to determine if you need to work with an attorney or if you can create, update, or amend a trust or will on your own. 


If you choose to proceed on your own, here are some resources provided by the Texas State Law Library you may want to consider.

CLIENT TESTIMONIALS

Our Case Results

RMO has a proven track record of protecting people and defending legacies.

TRIAL VICTORIES

TRUSTEES

PROBATE ESTATE EXECUTORS & ADMINISTRATORS

BENEFICIARIES & HEIRS

SPOUSES

CONSERVATORSHIPS/GUARDIANSHIPS

PROBATE APPEALS

FINANCIAL ELDER ABUSE

TRIAL VICTORIES

TRUSTEES

PROBATE ESTATE EXECUTORS & ADMINISTRATORS

BENEFICIARIES & HEIRS

SPOUSES

CONSERVATORSHIPS/
GUARDIANSHIPS

PROBATE APPEALS

FINANCIAL ELDER ABUSE

Trust Amendment Invalidated for Undue Influence
After trial, awarded a seven-figure judgment, plus attorney’s fees and costs on behalf of the elderly niece of the decedent, where auntie’s neighbor/caregiver used undue influence to connive her way into becoming the primary beneficiary of her trust shortly before she passed.
Defense of Trustee Against Breach of Fiduciary Duty for Imprudent Investments
Defended the successor trustee of a family trust against claims from his brother that he had breached his fiduciary duty to invest trust assets prudently when a concentrated commodity position he amassed lost essentially all its value swiftly. The probate court denied the charge on evidence presented by RMO that the trust’s broad investment powers and the deceased settlor’s speculative investment meant there the investment loss could not constitute a breach.
Recovery of Stolen Trust Property + Double Damages and Attorney’s Fees
Representing the successor professional fiduciary trustee, secured a seven-figure probate court judgment, plus double damages, attorney’s fees and costs in recovering real property that had been transferred and stolen by an unscrupulous trust beneficiary.
Addressing Grandma’s Stolen Home
On behalf of the granddaughter administrator of grandma’s probate estate, secured a judgment against grandma’s daughter and son-in-law to recover title to grandma’s home and monies wrongfully withdrawn against the property.
Dependent Adult Financial Abuse Remedied
Secured the intestate probate estate of our clients, the rightful heirs of their cousin’s estate, who had fallen prey to an ex-con drug dealer “friend” who had coerced the cousin to sign will documents while dying in his hospital bed.
Thieving Neighbor’s Financial Elder Abuse Rectified, With Double Damages
Representing the institutional successor trustee of a family trust, obtained a financial elder abuse judgment against a neighbor “friend” abuser who had taken significant sums of money from an elderly man just months before he died, including double damages interest, attorney’s fees and costs.
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Summary Adjudication of Disinherited Beneficiary’s Trust Contest
Swiftly secured the dismissal of a trust contest of a disgruntled, disinherited trust beneficiary on a motion after strategically allowing the trust contest period to expire before serving a notice of proposed action to distribute trust assets to the trust’s remaining beneficiaries and nothing to the disinherited beneficiary.
Secured Family’s Business Legacy
Representing the successor family trustee, secured the generational family business for the decedent’s heirs by acquiring from a disgruntled beneficiary their interest in the family business on extremely favorable terms that will allow the family to continue operating the family business for future generations to come.
Defense of Financial Elder Abuse Claim Against Surviving Spouse Trustee
Successfully defended a surviving spouse trustee against financial elder abuse and other claims made by family members who said she had fraudulently transferred assets to herself from her late husband’s trust and estate.
Prevented Trustee Removal for Badly-Lawyered Trust Accounting
Staved off suspension, removal and surcharge for a trustee who had failed to properly or timely provide court-ordered trust accountings to trust beneficiaries and was staring down an imminent deadline, as well as suspension, removal and surcharge.
Trustee Removal for Fraud
Neutralized and secured removal of a hostile co-trustee who was attempting to bilk our client’s trust of millions of dollars through a series of fabricated claims.
Thieving Trustee Removed and Surcharged
Secured removal of a thieving co-trustee daughter whose malfeasance left her own mother destitute and unable to pay her bills, including recovery of the stolen assets, attorney fees and costs.
Trust Beneficiary Dispute Squashed & Partition Avoided
Swooped in on behalf of an institutional trustee after years of protracted litigation to secure a decision from the Los Angeles probate court to end a years-long dispute between feuding siblings over the distribution of their parents’ estate, avoiding distribution of assets in-kind, which would have only resulted in partition.
Sub-Trust Allocations Defended
Client’s mother survived step-dad and succeeded him as trustee of their family trust. After mom passed, step-dad’s children alleged she had improperly allocated trust assets to favor her survivor’s trust, which went to our client, over the marital trust, which went to step-dad’s children. Using historic appraisals and valuations, demonstrated the disputed allocation was reasonable, resolving the dispute.
Inept Trustee Removed & Client Appointed Successor Trustee to Save Estate
Non-responsive and ineffective trustee who had done little to nothing to administer the trust or protect trust assets from waste following decedent’s passing was removed and our client appointed as successor trustee by the probate court, avoiding further damage.
Racist Trustee Removed and Surcharged
Removed and obtained surcharge of a non-beneficiary family trustee who hurled racial epthets at our client, refused to account, and tried to sell the house intended for our sole trust beneficiary client out of spite, securing the home for our client and her family.
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Mom’s House and Legacy Saved from Foreclosure
Prevented foreclosure of mom’s house - the estate’s only significant asset - by securing ex parte appointment as Special Administrator and then obtaining a temporary restraining order preventing the home’s foreclosure so the property could be sold, securing mom’s legacy for her children and grandchildren.
Family Jewels Recovered
On behalf of a professional fiduciary, convinced the probate court to award our client double damages, attorney’s fees and costs in addition to recovery of significant personal property wrongfully taken from - and refused to be returned to - the estate.
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Saving the Family Farm
Helped family members recover ownership of the multi-million dollar family farm that had been transferred out of an irrevocable trust improperly by an unscrupulous trustee through the fraudulent use of a decanting statute.
Estate Administrator’s Fraudulent Probate Accounting Revealed
Represented decedent’s children in a contested probate accounting over various expenses the administrator attempted to charge against the estate, and then further successfully obtained an order from the court shifting a portion of the client’s fees and cost to several unrepresented heirs through a “common fund” theory of fee recovery.
“Death Bed” Trust Amendment Thwarted
Within weeks, secured evidence sufficient to convince the surviving step-parent perpetrator of a “death bed” trust amendment that disinherited our client to abandon the amendment and pay our client his high seven-figure inheritance.
Holographic Trust Amendment Neutered
Secured summary judgment on behalf of a trust beneficiary where the trustee claimed a holographic trust amendment halved our client’s inheritance, resulting in our client receiving her full inheritance and the trust paying her attorney’s fees and costs.
Invalidated Assignment of Elder Beneficiary’s Interest
Secured an elderly client’s rightful inheritance from her brother’s estate, invalidating the ill-gotten assignment the brother’s widow and her attorney had secured from her using subterfuge and without advising her to seek her own counsel.
Disputed Heirship Recognized
Effectuated heirship for the secret scion daughter of the decedent, who learned of his daughter only late in life and came to celebrate their relationship and hold her out to his community and confidants, but refrained from sharing their relationship with his wife and daughter, which led to disputed heirship after he passed.
Another “Death Bed” Trust Amendment Avoided
Within 45 days of engagement, secured 125% of our clients’ original bequests, plus attorney’s fees and costs, from their long-time friend’s estate after the 85 year-old decedent’s new “husband” unduly influenced the creation of a trust amendment to take the entirety of the estate for himself.
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Third Time’s The Charm - Eight Figure Trust Saved for Surviving Spouse
Represented the surviving spouse of her deceased husband’s high eight figure trust estate, which, through some ill-advised estate planning, had left the client as a co-fiduciary with her estranged stepson and a bungling property manager. Prior litigation with previous counsel resulted only in our client’s resignation, which allowed the bunglers to further waste trust assets. Secured a final, global resolution for the surviving spouse that secured the resignations of the “bad” trustees and replaced them with an institutional trustee who is working to remedy their bad acts and save the estate.
Long Overdue Child Support Secured from Deadbeat Dad’s Estate
Represented former spouse in collecting long-unpaid child support through creditor’s claim procedure from her ex-husband’s estate.
Retirement Benefits Secured for Surviving Spouse
Represented the surviving spouse in successfully defending her status as beneficiary of her deceased husband’s retirement benefits against contest by the decedent’s former wife and children, who had claimed lack of capacity and undue influence.
Disposed of Interloping Ex-Spouse’s Trust Contest
Represented the surviving spouse trustee of her deceased husband’s trust against a trust contest on the grounds of incapacity and undue influence by the husband’s first wife - and his children from that marriage - all of whom had been disinherited by the decedent. Deployed tried and true probate litigation tactics to put the interlopers to task, which resulted in the court dismissing their claims, saving significant time and money.
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Online Romance Fraud Halted
Established an emergency conservatorship of the estate of a divorcee who had been ensnared by Nigerian fraudsters,who had infiltrated, isolated, defrauded and unduly influenced her into sending them millions, leaving her destitute and unable to buy food.
Conservatee Protected, Financial Advisor Fraudster Barred from Industry
Represented a court-appointed guardian ad litem in securing a prosecution agreement with counsel for the conservator of an institutionalized dementia patient who was taken advantage of financially by her financial advisor, leading to his permanent bar from the financial services industry.
Protected Elder Father from His Own Daughters
On behalf of his wife, established conservatorship of an elderly man over the protests of his daughters, who were his attorneys-in-fact and nominated conservators, living rent-free in his properties, and had repeatedly threatened to withhold caregiving. Secured ex parte suspension of the daughters’ powers of attorney and appointment of a private professional fiduciary to protect dad, which was granted by probate court.
Grandmother Safeguarded
Secured appointment of a private professional fiduciary for grandmother on behalf of grandson, and over the objections of grandson’s aunt, who, along with her husband, had been exploiting grandma financially, securing grandma’s return home and well being.
Guardianships for Kidnapped Parent
In two separate cases, established a guardianship for our client on behalf of their parent after the parent was secretly moved across state lines by our clients’ siblings so the kidnapping sibling could take financial advantage of the parent.
Conservatorship Thwarted
Defeated wife’s attempt to have herself appointed as conservator for husband when dad resisted wife’s efforts to unduly influence him to change his estate plan in her favor.
Conservatorship Financial Abuser Defeated
Defeated financial abusing neighbor’s attempts to establish himself as conservator for his elderly neighbor, from whom he had transferred her properties into his name, added himself to her accounts, and changed her estate planning documents to name himself as executor, trustee and sole beneficiary.
Parents Protected from Feuding Daughters
Represented the private professional fiduciary appointee in securing appointment in contested conservatorships for mom and dad where the parents had become the victims of their daughters’ infighting and efforts to control them and their finances.
Two Dads Protected from their Feuding Sons
In separate cases, secured appointment of a private professional fiduciary to serve as conservator for each dad to protect him from a ne'er do well son who was taking advantage of him financially.
Conservatorship for Wandering Mom
On behalf of daughter, established conservatorship for mom, whose dementia manifested itself in part in wandering, over the objection of mom’s live-in boyfriend, who failed to protect mom from wandering and, investigation showed, was taking financial advantage of mom.
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Jurisdiction ≠ Forum Non Convenience
In a published opinion, obtained reversal of a lower court decision confusing jurisdiction with forum non conviens, re-establishing the trust beneficiary’s right to continue prosecuting his fraud, undue influence, and financial elder abuse claims.
Settlement Approved, Confirmed and Enforced
Represented trustee, at trial and on appeal, to enforce a settlement agreement addressing his co-trustee’s a breach of fiduciary duties, after the offending co-trustee fraudulently claimed he had satisfied his obligations under the agreement.
Trust Contest Win Buttressed
Successfully defended trustee and sole beneficiary against trust contest by disinherited heir. Then, when the trial judge erroneously entered judgment creating potential exposure for subsequent litigation, prevailed on appeal to modify the judgment to insulate the trustee from any possible further litigation.
Life Insurance Proceeds Confirmed as Trust Asset
Represented trustee of irrevocable trust in a published appellate decision confirming the trust could be funded properly with life insurance proceeds even though all formalities typically required by the terms of the life insurance policy had not been satisfied.
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Forged Estate Planning Documents Disregarded
Secured the estate of our client’s late father, who had been victimized by childhood friends who had forged estate planning documents to steal his estate from his family.
Fraudulent Property Transfers Invalidated
Secured return of our client’s home value after her daughter and son-in-law moved into the home under the guise of “helping” her, only to defraud her into signing documents signing her home over to them, after which they forced her out of her home.
Caregiver “Girlfriend’s” Grift Righted
Recovered the home of an infirm, institutionalized senior who had been victimized by his “girlfriend,” an opportunistic volunteer at his care facility, securing his golden years.
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FROM THE BLOG

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