Most people who have wills and other estate planning documents disclose their wishes to their family members. Occasionally, people expecting to inherit from an estate may feel shocked about the terms included in a will. The decedent may have made sudden changes in the...
Estate And Trust Litigation
What are fiduciary duties, and how can they be breached?
Fiduciary duties are legal obligations that arise when one person is trusted to act on behalf of another. In the context of estates, certain individuals hold this responsibility and are expected to act with honesty, care and loyalty. When a fiduciary breaches these...
Can the terms of a dynasty trust be litigated in Texas?
Generational trusts are often referred to as dynasty trusts. These financial resources are often created to preserve wealth for decades, providing benefits to children, grandchildren and beyond. These long-term arrangements are designed to offer financial stability,...
What is trustee misconduct?
Trustee misconduct occurs when a trustee fails to follow the rules of the trust or acts in a way that harms the beneficiaries. A trustee has a legal duty to manage the trust fairly, honestly and in the best interests of the beneficiaries. When beneficiaries believe...
Protecting yourself when a trust raises concerns
Whether you’re a beneficiary or even a concerned family member, when something feels off about how a trust is being managed, it can be hard to know exactly where to turn. Trust disputes can quickly become some of the most painful legal battles a family can face....
Has a sibling engaged in financial abuse of an aging parent?
Adult siblings may find themselves embroiled in disputes after their parents die. In some cases, one sibling may accuse another of inappropriately influencing a parent, possibly by misusing a caregiving position for personal benefit. In scenarios where one party has...
What is undue influence of an estate plan?
The loss of a loved one is a difficult time for any individual. When the person who passed away has an estate plan, that plan should be followed as written. There are times when people who have an interest in the estate may question the terms. In some cases, the...
Who can challenge a will?
When you create a will, you likely expect that it will be followed precisely without question. While that’s what happens in most cases, there are times when one or more parties may challenge the will. One of the most important things for you to remember as you create...
How personal representatives can breach their fiduciary duty
There are several scenarios in which the beneficiaries or heirs of an estate may have grounds to take action against a personal representative. Sometimes, incompetence or inaction can be a reason to replace a personal representative. Other times, people may question...
What is the difference between an heir and a beneficiary?
The loss of a loved one is a traumatic life event. For some people, having to deal with the estate plan afterward is extremely complicated because it may contain provisions that they weren’t aware of. Challenges to the estate plan can sometimes occur under these...