When Does a Mistake Become a Breach of Fiduciary Duty?

 Posted on January 19, 2026 in Estate Planning

Not every mistake made by an executor, trustee, or agent is a breach of fiduciary duty. Texas law recognizes that people handling estates and trusts are human and can make reasonable errors. A mistake becomes a breach when the fiduciary violates their legal duties, acts in their own interest, or fails to act with the care the law requires.

This issue is especially important in cases involving an elderly family member who relies on others to manage the estate. In 2025, local reporting in the San Antonio area highlighted that elder abuse and financial exploitation investigations remain alarmingly common.

As of 2026, Texas courts continue to closely examine fiduciary conduct in probate and trust cases, particularly when beneficiaries allege harm involving an elder or other vulnerable individual. A San Antonio, TX probate litigation lawyer can help determine when conduct crosses the legal line.

What Is a Fiduciary Under Texas Law?

A fiduciary is a person who is legally required to act in the best interests of someone else. In probate and estate matters, fiduciaries often include executors, administrators, trustees, and agents acting under a power of attorney.

These roles are common when an elder needs help managing finances, property, or legal affairs. Texas law imposes fiduciary duties to protect beneficiaries and prevent misuse of authority.

What Duties Does a Fiduciary Owe in Texas?

Fiduciaries in Texas must fulfill several core duties that guide how decisions are made.

Common fiduciary duties include:

• Acting loyally and in the best interests of beneficiaries

• Managing assets with reasonable care and caution

• Keeping accurate records and providing information when required

• Avoiding conflicts of interest and self-dealing

For trustees, these duties are outlined in the Texas Trust Code, including Texas Property Code § 113.051, which requires a trustee to administer the trust in good faith and according to its terms.

When Is a Mistake Not a Breach of Fiduciary Duty in Texas?

A mistake alone is not automatically a breach. Probate and trust administration can be complex, and courts understand that reasonable errors can happen.

For example, a fiduciary may misunderstand a deadline, rely on professional advice that turns out to be wrong, or make a decision that later causes a loss. If the fiduciary acted in good faith, did not personally benefit, and tried to act in the best interests of the estate or an elder beneficiary, the court may view the issue as a mistake rather than misconduct.

When Does a Mistake Become a Legal Breach?

A mistake becomes a breach when the fiduciary fails to meet their legal duties. This often involves neglect, dishonesty, or acting for personal gain.

Examples include using estate funds for personal expenses or failing to provide required accountings. A breach may also occur when a fiduciary favors one beneficiary without authority or ignores responsibilities owed to an elder who depends on them for protection.

Does Intent Matter in a Breach of Fiduciary Duty Case?

Intent can matter, but it is not always required. A fiduciary does not need to act with bad intent for a breach to occur.

Repeated failures to keep records, respond to beneficiary questions, or safeguard an elder’s assets may still qualify as a breach. Courts focus on whether duties were met and whether harm resulted.

What Must Beneficiaries Show To Win a Breach of Fiduciary Duty Claim?

In many cases, beneficiaries must show that a breach caused financial harm. This may include lost assets, unnecessary expenses, or a smaller inheritance than what was intended.

In other cases, the focus is less on money and more on accountability. Courts may remove the fiduciary, require a full accounting, or place the estate or trust under court supervision to protect an elder or other beneficiaries.

Contact Our San Antonio, TX Probate Litigation Attorney

If you believe a fiduciary mistake has crossed into a breach of fiduciary duty, The Law Office of Ryan C. Moe, PLLC can help. Attorney Moe brings over 20 years of legal experience handling probate and trust disputes, including cases involving elder beneficiaries. We help clients understand their options and pursue accountability when fiduciary duties are violated.

Call 210-861-6000 to speak with a San Antonio, TX probate litigation lawyer about your situation and learn how Texas law may apply to your case.