Wills and trusts outline a person’s wishes regarding their assets. It’s critical that this document fully represents those wishes. Unfortunately, there are instances when people take advantage of these situations. Undue influence occurs when a person who dominates or...
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...
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...
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...
A beneficiary is an individual who is legally entitled to inherit something when a person dies. Generally, this is carried out via the instructions of a will. Nonetheless, different beneficiaries may receive different sums of money or assets. There are several types...
If you have recently lost a loved one, chances are you may encounter the probate process. Unfortunately, probate has a notoriety for being contentious, lengthy and sometimes, resource-consuming. It doesn’t get any better if someone decides to dispute the testator’s...
Trusts can sometimes lead to disputes when a trustee and a beneficiary disagree on how the money should be used. For example, perhaps the money was put into an educational trust. The beneficiary believes that buying a new computer is an educational cost, but the...