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...
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...
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...
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...
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...
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...
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...