It can seem as if trust fund beneficiaries lead charmed lives. But some beneficiaries become unhappy with overly restrictive terms of a trust. One question that Texans often have is whether the trust beneficiaries can dispute the terms of a trust. The answer is yes....
Estate And Trust Litigation
Are wills with significant factual errors valid in Texas?
When a family member passes away, their will should provide clarity. Naturally, finding a document filled with glaring factual errors often sparks immediate concern. If a will incorrectly identifies family members or lists assets the deceased never owned, the error...
What can lead to a lack of testamentary capacity?
One potential reason for an estate dispute is when a beneficiary claims that the person who drafted the estate plan lacked the testamentary capacity to do so. This can call the validity of that estate plan into question. That being said, it is generally assumed that a...
Can beneficiaries sue for estate assets during probate in Texas?
When someone dies, their loved ones may have to handle the decedent’s estate. The estate executor is responsible for this process, which includes validating the will, paying debts and distributing assets to the beneficiaries. They must also pay off the debts that are...
What to do if a Dallas trustee breaches their fiduciary duty
Trust disputes can be stressful, especially when someone you relied on betrays your confidence. If you suspect your Dallas trustee has failed to act in your best interest, you are not alone. Knowing your options and acting quickly can protect your financial future and...
Has an executor embezzled from an estate?
Executors or personal representatives are responsible for securing and managing estate resources. They may sell certain assets to address the decedent’s financial obligations or comply with estate planning instructions. They may also distribute physical assets and...
What if cognitive decline impacts a will’s contents?
Careful consideration is typically necessary to establish an effective estate plan. People need to think carefully about the needs of their loved ones and what resources they have in their names. They may need to plan to protect their resources from creditor claims or...
Can just anyone challenge a will?
In many cases, when copies of a will are distributed to beneficiaries, they simply accept whatever the estate plan says. The person who passed away got to make certain decisions or choices about how to distribute their assets, and the family just looks to the estate...
Who can exert undue influence on an estate?
Probate litigation may arise as a result of fiduciary issues. If personal representatives or trustees fail to fulfill their obligations or breach their fiduciary duty, then beneficiaries or heirs might take legal action to remove them from their position. Sometimes,...
Can you fire an estate executor?
Losing a close loved one is painful. You feel a lump in your throat when you reflect on the memories you shared. And amid your grief, you believe that the estate’s executor isn’t working according to the deceased’s final wishes. Do you have any recourse? How do you...

