A person who’s creating an estate plan will name an executor who will oversee the estate once the creator passes away. This individual is responsible for making sure the decedent’s wishes are followed, but they must also follow the applicable laws related to the...
Estate And Trust Administration
Trustees may need help getting things right
Serving as a trustee is an important responsibility that gives one authority and requires accountability. Trustees are tasked with managing trust assets, honoring the terms of the trust, and acting in the best interests of the trust’s beneficiaries. ...
Understanding Texas real estate inheritance disputes amid probate
Inheriting real estate in Texas can be a dream come true or a legal labyrinth, depending on the circumstances. While it often signifies the transfer of family wealth and heritage, it can also spark contentious disputes that test family bonds. Here, we explore some...
What debts require priority payment during estate administration?
Estate administration makes a personal representative responsible for fulfilling certain financial obligations. They have a duty to manage a decedent's estate, which includes paying their debts. Personal representatives must review incoming mail and various financial...
How does undue influence in estate planning occur?
Undue influence is one of the grounds on which specific people can challenge a person’s will or estate plan. Typically they do this when they think someone has persuaded the person making the estate plan to alter things in their favor. But how does undue influence...
What’s a petition for instruction in trust management?
Most of the time, trust management follows some fairly predictable patterns – until some conflict arises. Trustees can then end up facing difficult dilemmas that require additional legal clarity. In these situations, either the trustee or the beneficiaries of the...
Can estate executors start work before the person has died?
You cannot start handling someone’s estate until they are dead. You can, however, do a lot while they are still alive to make things easier once they die. The person who knows most about the estate plan is the person making it – the testator – and you won’t be able...
Involving all family members can help resolve estate disputes
Estate administration can be a delicate process, often fraught with emotional challenges as family members come to terms with the loss of a loved one. Unfortunately, estate disputes are common, especially when beneficiaries feel left out of the decision-making process...
What is self-dealing by an executor?
When someone dies, the distribution of their estate is typically managed by an executor. Not only is an executor someone that the deceased likely trusted very deeply to manage their final affairs but they are legally obligated to act in the best interests of the...
What can lead to an executor being removed from an estate?
When a person creates an estate plan, one of the tasks they must complete involves naming the executor of their estate. This is the person who will handle administration of the estate at issue after the creator dies. Once the estate executor is taking care of the...