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...
A person’s estate plan outlines their personalized instructions for what happens to their assets when they pass away. Most wills are made while the creator is sound of mind and body so they understand the implications of what they’re doing. There are instances in...
The distribution of assets often leads to disputes after someone passes away. Their estate plan should instruct beneficiaries and descendants, but some of them may decide to challenge that plan. For instance, a beneficiary may claim that an elderly parent was...
A no-contest clause, also known as the forfeiture clause, discourages beneficiaries from challenging the validity of a trust or will. It states that if a beneficiary contests such a document and loses, they forfeit or lose their inheritance. The presence of a...
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...
Sibling rivalry may begin in childhood, but it doesn’t always end there. Many adults still have reservations regarding their siblings due to things that happened while they were growing up, or they still feel a sense of rivalry, as if the two of them are still in...
The passing of a parent is a very emotional time for those loved ones who are left behind. When grief takes over, everything seems bigger and more complicated, including how to divide the deceased’s assets. Even though the deceased may have spelled out exactly how...