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Interesting Developments In Inheritance Laws

My practice is limited to trials involving inheritance disputes including will contest, related property disputes and associated torts. To ask privately about a Texas litigation issue involving an inheritance dispute, click the big red button to go to our main site's contact page and ask a question privately.

Is a breach of fiduciary duty a crime?

Texas has a criminal statute that makes it a felony offense to misapply fiduciary property. Many of the cases dealing with the criminal aspect of misapplication of fiduciary property deal with persons who have powers of attorney over a relative. Using the power of attorney, they essentially convert the relative’s money into their own. Occasionally, they are sued by other relatives in the civil courts to reimburse the estate for the money that was improperly taken. However, they can also be criminally prosecuted in addition to having to repay the funds back because of a civil verdict.

Pearls of wisdom: If someone has breached their fiduciary duty, depending on the facts, they may have also committed a felony and can be subject to imprisonment.

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We handle litigation involving inheritance disputes. We don't prepare wills. We handle a select few cases on contingency. Don't use a comment to ask a personal question about an inheritance issue because your name and comment will be public. To ask a litigation question and to protect your privacy, click the red button to the right.


Posted in Accounting, Procedure, Removal of TrusteeTagged ,

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