The different categories of beneficiary
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...
3 common causes of probate disputes
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...
How a discretionary trust can lead to disputes
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...
Trustees, be careful not to violate the rights of beneficiaries
As a trustee, you hold and manage property on behalf of the beneficiaries named in the trust. That makes you responsible for protecting its assets and following the trust maker or settlor’s wishes. You also have a responsibility to those whom the trust benefits....
Accused of fiduciary misconduct? How can estate executors cope?
Serving as an estate executor or managing a trust is a great honor and a massive responsibility. Like most, you probably strive to act ethically and responsibly when performing your duties. Unfortunately, even the most diligent executors can face allegations of...
Are you the beneficiary of a trust with prohibited conditions?
A parent, grandparent or other loved one has left you a considerable amount of money or other assets in a trust. You learn that it’s what’s called a “conditional” or “incentive” trust. These are not uncommon. For example, a parent will often establish a trust for a...
What constitutes a breach of fiduciary duty?
Generally, people tend to have multiple documents that make up their estate plan. For example, they may have drafted a will which needs to go through probate. Or, they may have set up trusts which must be overseen by trustees. Individuals tasked with implementing...
Can beneficiaries sue the administrator of an estate?
Being chosen as an administrator of someone’s estate can be an honor. However, it can also be problematic if you ignore certain things. As an administrator, you are responsible for distributing an estate to the heirs. In addition, you must ensure all the debts the...
How long does probate take in Texas?
Experiencing the loss of a loved one can be an overwhelming feeling. In addition to trying to process your grief, as the administrator of the estate, you also need to guide your loved one’s estate through the probate process. Although some estates are relatively...
Pre-planning your own memorial
Memorials following the death of a loved one should reflect the life they lived. For many family members, these types of tributes are subject to interpretation, particularly for those who moved far away and rarely saw the deceased family member. While some may see it...