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...
One common reason for estate disputes is when the distributions to the beneficiaries are not fair and even. These are known as unequal bequests. Some evidence suggests they are becoming more and more common, but they also increase the odds of a dispute. For instance,...
If you recently lost someone you love and their will seems strange, it may be time to consider the possibility of undue influence. Unfortunately, it is a common problem among the elderly and vulnerable. A rough definition of undue influence in the realm of estate law...
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...
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...