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Should I be a personal representative?

On Behalf of | Dec 16, 2019 | Fiduciary Representation |

If someone named you as their personal representative, it probably means that you held a position of trust. Your loved one probably had confidence that you would make the right decisions about the estate. However, the Texas inheritance process is not something you have to navigate by yourself.

Chances are it was not the intent for the execution of his or her estate to become an undue burden. Unfortunately, especially with complex or multi-generational estates, this could become the case if you do not approach the situation carefully. Generally speaking, the more people that are involved in an estate, the more complex and potentially contentious your resolution could be.

Sometimes, this conflict could even come from a family member with whom you are on good terms. in most cases, especially those involving formal legal action, it would be unwise to rely on good will or common sense to resolve the matter. The fact that an individual took you to court could be an indication that matters had already progressed beyond simple discussions, at least in the mind of the person who brought action against you.

As indicated in the Texas statutes, you might not have to be in the will to fill an important role in resolving the estate; you might qualify to serve as a personal representative under a wide variety of circumstances:

  • If you were named in the will
  • If you were related to the decedent
  • If the decedent owed you money
  • If you lived in the same county as the decedent

Regardless of your relation to the decedent or the estate, it is never too early to begin forming a strategy to defend yourself against any accusations of wrongdoing and speed the resolution of the estate. However, every case is different, and this should only be taken as general information. It is not legal advice for any material situation.