Trust Administration
Serving as a trustee carries important legal responsibilities. David Borger helps trustees and beneficiaries across Texas every step of the process.
THE ROLE OF A TRUSTEE
Trust Administration Is a Legal Responsibility
When a trust takes effect, someone must carry it out. That person is the trustee, and their job is to manage the trust assets and distribute them according to the terms of the trust document. In Texas, a trustee is a fiduciary, meaning they are held to the highest legal standard of care and loyalty toward the beneficiaries they serve.
Many people are named as trustee without any prior experience in the role. The duties can be demanding, and the legal consequences of getting them wrong are serious. The Borger Law Firm PLLC works with trustees to help them understand their obligations and carry them out correctly from day one.
Trustee Duties
What a Trustee Is Legally Required to Do
Texas trust law, set out in the Texas Trust Code, lays out specific duties every trustee must follow. Failing to meet these duties can result in personal liability, removal from the role, or civil action by the beneficiaries.
Duty of Loyalty
A trustee must always act in the best interests of the beneficiaries. Using trust assets for personal benefit or allowing personal interests to influence decisions can lead to legal claims and personal liability.
Duty of Care
The trustee must manage trust assets as a reasonably prudent person would. This applies to investment decisions, record keeping, and every other aspect of administering the trust.
Duty of Prudence
The trustee must make informed, careful decisions. When managing trust investments or making distributions, they are expected to act with skill and reasonable caution.
Duty of Disclosure
The trustee must keep beneficiaries informed about the trust and provide accurate accountings when required. Transparency is not optional, it is a legal obligation.
Duty of Good Faith
Every action the trustee takes must be honest and in keeping with the purpose of the trust. Acting in bad faith or allowing conflicts of interest to influence decisions is a breach of fiduciary duty.
The Administration Process
What Trust Administration Involves
Trust administration covers a range of tasks that must be handled carefully and in the correct order. Here is an overview of what the process typically involves:
Review the Trust Documents
The trustee must thoroughly read and understand the trust before taking any action. This includes identifying all the terms, conditions, and instructions in the document.
Identify and Secure Trust Assets
The trustee must locate all assets that belong to the trust, confirm they are correctly titled in the name of the trust, and take inventory of their value.
Notify Beneficiaries
Texas law requires the trustee to notify beneficiaries that the trust exists and that they have been named in it. The timing and content of these notices are governed by the Texas Trust Code.
Manage Financial Affairs
This includes paying bills, handling creditor claims, managing investments, filing tax returns for the trust, and keeping detailed records of every transaction.
Distribute Assets
Once the trust’s obligations have been satisfied, the trustee distributes the remaining assets to beneficiaries according to the terms of the trust.
Keep Accurate Records
Throughout the process, the trustee must maintain organized, detailed records and be prepared to provide a formal accounting to beneficiaries or the court if required.
When Disputes Arise
Trust Administration Does Not Always Go Smoothly
Trust administration does not always go as planned. Questions about distributions, trust management, or a trustee’s actions can quickly develop into legal disputes that require experienced representation.
Disagreements over trust assets, financial records, or a trustee’s decisions can create delays and conflict among beneficiaries. Addressing these issues early can help protect everyone’s interests and keep the administration on track.
The Borger Law Firm PLLC represents both trustees defending their decisions and beneficiaries who believe the trust is not being administered correctly. David Borger handles trust disputes with careful preparation and direct attorney involvement.
SPEAK WITH A TEXAS TRUST ADMINISTRATION ATTORNEY
WHY WORK WITH THE BORGER LAW FIRM
Guidance for Trustees and Beneficiaries
Administering a trust comes with significant legal responsibilities. Whether you have been named as a trustee or have concerns about how a trust is being managed, David Borger provides practical legal guidance backed by more than 25 years of experience in Texas trust and estate law.
- Experienced Trust Administration
Helping trustees understand and fulfill their legal responsibilities under Texas law - Direct Attorney Communication
Work directly with David Borger throughout your matter, from the initial review to the final distribution. - Representation for Trustees and Beneficiaries
Providing legal guidance for both trustees carrying out their duties and beneficiaries protecting their interests. - More Than 25 Years of Experience
Helping trustees and beneficiaries resolve trust administration matters throughout Texas. - Direct Attorney Involvement
Work directly with David Borger from your first consultation through the resolution of your matter. - Practical Legal Support
Helping trustees fulfill their legal obligations while protecting beneficiaries’ rights.
Experience
David Borger
Texas Trust and Estate Attorney
For more than 25 years, David Borger has helped families across Texas with probate, estate administration, and other estate planning matters. He provides straightforward legal advice, clear communication, and personal attention from the beginning of your case through its resolution.
- State Bar of Texas
- Member, Texas Bar College
- Member, Harris County Bar Association
- Member, Montgomery County Bar Association
- Member, Travis County Bar Association
- Member, Dallas and Tarrant County Bar Associations
- Former Board Member, Montgomery County Bar Association
Frequently Asked Questions
What does trust administration mean?
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Speak With a Texas Probate Attorney Today
If you are serving as a trustee or have concerns about the administration of a trust, speak with David Borger before important decisions create unnecessary legal problems.
