The Austin Office of the Law Office of Bryan Fagan, PLLC assists trustees throughout Austin, Round Rock, Cedar Park, Pflugerville, Leander, Georgetown, and the broader Central Texas region as they navigate their fiduciary duties under Texas law. Serving as a trustee is an important responsibility—one that requires attention to detail, impartiality, and strict legal compliance.
Many trustees are family members or close friends appointed by the grantor. While their intentions are good, most have never administered a trust before and are unfamiliar with the obligations, timelines, and legal risks involved. Our Austin team provides the education, guidance, and compliance support needed to ensure trustees perform their duties effectively and avoid costly errors.
Texas law imposes high fiduciary standards, and trustees must always act with honesty, good judgment, and in the best interest of beneficiaries. Our Austin Office helps trustees understand these expectations and carry them out with confidence.
Core Trustee Responsibilities in Texas
Trustees must follow both the Texas Trust Code and the written terms of the trust. Major responsibilities include:
Duty to Follow the Trust Document
A trustee must carry out the grantor’s instructions exactly as written. This includes:
- Managing assets as specified
- Following the distribution instructions
- Respecting discretionary vs. mandatory terms
- Ensuring trust purposes are fulfilled
Failure to follow trust terms can result in legal consequences.
Duty of Loyalty to Beneficiaries
Trustees must act solely in the best interest of beneficiaries, which means:
- No self-dealing
- No favoritism among beneficiaries
- No conflicts of interest
- Full transparency and honesty
The trustee’s loyalty must be undivided.
Duty of Care – The Texas Prudent Investor Rule
Trustees are required to make safe, reasonable, well-considered financial decisions, including:
- Investing thoughtfully and conservatively
- Avoiding speculative risks
- Diversifying investments where appropriate
- Consulting professionals when needed
This protects the trust from preventable financial losses.
Duty to Keep Accurate Records
Trustees must maintain organized and verifiable records of:
- All transactions
- Receipts and expenditures
- Asset valuations
- Beneficiary communications
- Financial accountings
Beneficiaries have the right to request these records.
Duty to Inform & Communicate
Beneficiaries must be kept reasonably informed about:
- The trust’s terms
- The administration process
- Material financial events
- Status of their interests
Clear communication minimizes disputes and builds trust.
Duty to Distribute Assets Properly
Distributions must be made:
- In accordance with the trust document
- Promptly
- With proper documentation
- With fairness and impartiality
Improper or delayed distributions may expose the trustee to liability.
Duty to Maintain Legal Compliance
Trustees must comply with:
- Texas Trust Code
- IRS regulations
- Texas property and transfer laws
- Notice requirements and accounting duties
Our Austin Office ensures trustees remain compliant at every stage.
How Our Austin Office Supports Trustees
Our team provides complete trustee guidance and legal support, including:
- Interpreting unclear trust language
- Ensuring fiduciary responsibilities are met
- Assisting with accounting and financial report preparation
- Overseeing creditor notices and tax compliance
- Advising on investment decisions
- Handling disputes with or among beneficiaries
- Protecting trustees from personal liability
- Facilitating accurate and timely distributions
We offer both legal protection and practical support to make trust administration manageable.