What Does a Trustee Do? (2025 Texas Estate Guide)
August 21, 2025
  • Evan Lange By Evan Lange
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Before proceeding, please review the  legal disclaimer.

What Does a Trustee Do? (2025 Texas Estate Guide)

If someone named you a trustee—or you’re just trying to figure out who’s in charge of the family trust—you might be asking: What exactly does a trustee do?

The short answer: A trustee manages the trust’s assets on behalf of the beneficiaries, following the trust document and Texas law. But there’s more to it than just paperwork.

Here’s what you need to know.


What Is a Trustee?

A trustee is the person or institution legally responsible for managing a trust. They act as the decision-maker, bookkeeper, and sometimes referee of the estate planning world.

They’re not necessarily a lawyer or a financial pro—just someone the grantor (the person who made the trust) believes will act responsibly and fairly.


Core Responsibilities of a Trustee

Being a trustee isn’t just a title—it’s a serious legal job. In Texas, trustees have a fiduciary duty, which means they must act:

  • In the best interest of the beneficiaries

  • With honesty and loyalty

  • According to the terms of the trust

Typical duties include:

  • Managing Assets – This includes real estate, bank accounts, stocks, or personal property.

  • Keeping Records – A trustee must track every transaction, payment, and communication.

  • Paying Bills and Taxes – They ensure the trust pays its obligations on time.

  • Distributing Assets – They must follow the instructions in the trust, whether that means giving out lump sums or monthly allowances.

  • Communicating with Beneficiaries – Regular updates, statements, and transparency are expected.


Trustee Powers in Texas

Trustees usually have the authority to:

  • Buy or sell trust property

  • Hire professionals (like lawyers or accountants)

  • Make investment decisions

  • Handle legal claims or disputes on behalf of the trust

But they must follow the rules set in the trust document—and the Texas Trust Code.


Can a Trustee Be Removed?

Yes.

If a trustee is mismanaging funds, ignoring the trust instructions, or being dishonest, beneficiaries can:

  • Petition a Texas probate court to remove them

  • Request an accounting of all trust transactions

Courts take these responsibilities seriously. If the trustee breaches their duties, they can be held personally liable.


Real-Life Example: When a Trustee Messes Up

“Jill” was named trustee after her father passed. She started making large distributions to one sibling without telling the others.

The rest of the family filed in court. Jill was removed, and a neutral third party took over.

Bottom line? A trustee must treat all beneficiaries fairly and keep everything transparent.


What If You’re Asked to Be a Trustee?

Before you say yes:

  • Review the trust document carefully

  • Ask questions about what assets are involved

  • Consider whether you have time and skill to manage the role

You’re allowed to get help—many trustees work with attorneys, CPAs, or investment advisors.


How The Lange Firm Can Help

At The Lange Firm, we help:

  • Trustees understand and meet their legal obligations

  • Families resolve disputes over trust management

  • Beneficiaries enforce their rights when something goes wrong

Whether you’re managing a trust or concerned about one, we’re here to guide you.


Final Takeaway

Being a trustee is a big job—but with the right support, it doesn’t have to be overwhelming.

If you’re unsure of your responsibilities or believe a trustee is acting unfairly, contact The Lange Firm today. We’ll help you protect the trust and everyone it’s meant to support.

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