Estate administrators and trustees must act in the best interests of an estate or trust. When they don’t uphold that duty, that is referred as a breach of fiduciary duty. This is a serious matter because it can compromise the estate or trust creator’s intentions and...
There are various reasons why a will may be declared invalid in Texas, from lack of testamentary capacity and undue influence to improper execution and fraud. When this happens, the will is not enforceable, as it is no longer legally recognized. Texas intestacy laws...
Sibling rivalry may begin in childhood, but it doesn’t always end there. Many adults still have reservations regarding their siblings due to things that happened while they were growing up, or they still feel a sense of rivalry, as if the two of them are still in...
The passing of a parent is a very emotional time for those loved ones who are left behind. When grief takes over, everything seems bigger and more complicated, including how to divide the deceased’s assets. Even though the deceased may have spelled out exactly how...
To ensure that a will is valid, it must meet certain parameters. For instance, there must be a signature from the testator and two witnesses who do not stand to gain from the estate. Furthermore, any older drafts of a will should be destroyed or revoked. Another...
When people are going through a divorce, they often don’t give a lot of thought to the changes they’ll need to make to their will and other estate plan documents. The last thing they want to do is deal with more legal matters. Modifying their estate plan is often...
Trust administration plays a pivotal role in ensuring the seamless transfer of assets and property according to a settlor's wishes. It involves two key parties, including the trustee, who is responsible for overseeing the trust, and the beneficiaries, who stand to...
In theory, anyone who is a legal adult in Texas has the authority to draft their own estate plan. Texas assumes that adults have testamentary capacity and can therefore designate specific recipients for their assets using estate planning documents. However, not...
When a testator drafts their will, they can name an executor of their estate. The executor is responsible for settling an estate after the testator passes away. An executor can be nearly anyone; many people pick close family members to be their executors. ...
A last will and testament is a legal document that outlines an individual's wishes regarding the distribution of their assets and the care of any dependents after their demise. It typically includes details about beneficiaries, guardianship for minors and the executor...