If I Am a Fiduciary, Do I Need a Lawyer?

 Posted on September 25, 2026 in Estate Planning and Probate

Executors, estate administrators, trustees, and agents acting under powers of attorney are all considered fiduciaries in the realm of estate planning. Being a fiduciary is an enormous responsibility. Fiduciaries are required to act in the interests of the individual, trust, or estate they serve, putting those interests ahead of their own. They are required to avoid any potential conflicts of interest, and are not to exploit their position for personal gain in any way.

Unless you are a professional fiduciary, you can easily find yourself in over your head. A Kendall County, TX probate attorney can help you avoid potential problems or assist with disputes involving beneficiaries. Geoff Mayfield, Attorney at Law, has over 20 years of legal experience, and he knows how to approach delicate probate matters.

When Should a Fiduciary Consider Finding an Attorney in 2026?

In limited cases, such as filing a small estate affidavit, you may be able to handle an estate matter without a lawyer. Most personal representatives need a lawyer because they are acting for the estate and other people with an interest in it. For complex or high-conflict situations, it may be in your best interest to seek legal assistance. You may want to get in touch with an attorney in these situations: 

Contested Estates 

If you are an estate representative (such as an executor) and you have a feeling that a contest is imminent, you may want to be represented by your own attorney. Estate contests can be legally complex affairs requiring litigation. A lawyer can also take steps to protect you against any accusation of wrongdoing.

Trust Management 

Managing a trust can be quite challenging. Especially if you intend to begin investing funds contained in the trust on behalf of the beneficiaries, you will need to tread carefully. A few easy-to-make mistakes could deplete funds, introduce tax liabilities, or interfere with asset-protection features. Consulting an attorney first can protect both the trust and you.

Power of Attorney Conflicts 

If you are serving as the agent for a living principal in a high-conflict situation, an attorney can help you avoid missteps that could lead to litigation. Even the appearance of a conflict of interest – for example, if you are the financial power of attorney for a close relative whose estate you would likely benefit from – could cause problems.

Tax and Accounting Obligations 

Figuring out how to handle an estate or trust’s taxes is not easy. You may also be legally required to keep a detailed accounting of all a trust or estate’s assets, expenses, and distributions. You would be far from the first person if you find yourself a bit in over your head. An estate administration attorney can take some of this burden off you and help ensure compliance.

The benefits of being represented by a lawyer as a fiduciary are numerous. Working with an attorney is one of the best ways fiduciaries can protect themselves.

What Is a Breach of Fiduciary Duty in Texas Probate?

A breach of fiduciary duty in Texas probate happens when an executor or administrator fails to act in the best interests of the estate and its beneficiaries. A fiduciary holds a position of trust. The law expects that person to be honest, careful, and loyal. The needs of the estate must come before the fiduciary's own interests.

Heirs and beneficiaries often claim a breach when they feel left out or unhappy with how things are going. Some of these claims have merit. Many do not. A claim might focus on self-dealing, such as selling estate property to a relative for less than it is worth. It might involve mixing estate money with personal funds. Other claims point to long delays, poor record-keeping, or a failure to share information.

An accusation should not be treated as fact. Fiduciaries have room to make reasonable decisions, even when a beneficiary disagrees with them. Acting in good faith and keeping clear records can help a fiduciary defend against a claim. Showing the court that each choice was sound and made for the good of the estate is often the heart of the case.

When Can a Fiduciary Be Removed From a Texas Estate?

A Texas probate court can remove an independent executor for specific reasons set out in the law. These can include a material conflict of interest that prevents the executor from performing their duties, failure to file a required inventory or accounting, and gross misconduct or mismanagement (Texas Estates Code Sec. 404.0035). A court can also remove an independent executor who becomes unable to perform the duties of the role.

Removal is a serious step. A beneficiary who wants an independent executor removed usually has to file a request with the court and present evidence. The fiduciary has the right to respond. In some cases, the fiduciary can correct a missed filing or turn in an overdue document before the hearing takes place.

Early action is key. A fiduciary who gets notice of a removal request should never ignore it. Legal counsel can review the claims, gather records, and prepare a clear response. Sometimes a meeting with the other side can settle concerns before the court needs to get involved.

What Mistakes Should Fiduciaries Watch Out for in Contested Estates?

Contested estates put extra pressure on fiduciaries. Tension among family members can turn small errors into big legal problems. Fiduciaries in contested estates should watch out for common mistakes such as:

• Poor record-keeping: Every dollar that comes in or goes out of the estate should be documented. Missing receipts or vague notes can make it look like the fiduciary is hiding something.
• Mixing funds: Estate money should stay in a separate estate account. Paying personal bills from that account, even by accident, can lead to a breach claim.
• Missing deadlines: Texas law sets deadlines for notices, inventories, and other filings. A missed deadline can give beneficiaries a reason to ask for removal.
• Favoring one beneficiary: A fiduciary must follow the will or trust and act fairly toward all beneficiaries. Giving one heir special treatment that the document does not allow can lead to conflict and legal claims.
• Poor communication: Silence can make beneficiaries suspicious. Regular updates can ease worries and cut down on disputes.
• Acting without advice: Selling property or paying debts without guidance can lead to costly errors. Many of these problems can be avoided with legal counsel from the start.

Most fiduciaries want to do the right thing. Serving in this role can still feel lonely when family members are angry or distrustful. Careful habits and early legal guidance can protect both the estate and the person managing it. A fiduciary who stays organized and follows the law is in a far better position if a dispute ends up in court.

Call a Kendall County, TX Fiduciary Representation Lawyer 

If you are a fiduciary and would like legal help or guidance, contact Geoff Mayfield, Attorney at Law. Our experienced Boerne, TX probate attorney can answer questions about your duties and help protect you during a dispute. Call 210-535-0870 for a free consultation.