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...
Estate And Trust Administration
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...
Preparing to administer a trust
Administering a trust is a significant responsibility. If you are getting ready to administer a trust, you’ll be entrusted to properly manage and distribute trust assets according to the terms set by the trust’s creator (the grantor). As a trustee, you are a...
Why ancillary probate disputes arise in Texas
Ancillary probate in Texas is a process used to handle the assets of a deceased person that are located in Texas but whose primary estate is being probated in another state. While ancillary probate generally unfolds according to a relatively straightforward...
Steps to consider taking if accused of executor misconduct
Being entrusted with someone's entire estate is an honor and a grave responsibility. You are probably taking your duties seriously and striving to fill the role with excellence. Unfortunately, allegations of misconduct can impact you on two fronts: emotionally and...
3 trustee mistakes that could necessitate probate litigation
A trustee takes responsibility for the management of a trust. That duty typically entails managing certain resources and potentially making distributions to pre-selected beneficiaries. The trustor who created the trusts likely chose specific people who should receive...
Undue influence can cause probate disputes
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...