A fiduciary, whether a trustee, executor, or guardian, is legally required to act in the interest of the beneficiaries. When this duty is breached, Texas law offers several options for legal recourse. Filing a breach of fiduciary duty lawsuit Beneficiaries harmed by a...
If you ask people why they haven’t made an estate plan, you may get a variety of answers. Some people don’t know what paperwork they need. Others don’t think they have enough assets. Some just find the process overwhelming. One common trend that you’ll find is that...
Undue influence can invalidate legal documents like wills or contracts when one party unfairly manipulates another. Understanding the four key factors that courts look for can help clarify how this legal concept works. 1. Vulnerability of the influenced party One...
In probate law, terms like "inheritance" and "heirloom" are often used when discussing the distribution of a deceased person's property. While these words may seem interchangeable, they refer to different concepts. Understanding the distinction between them can help...
Probate can be a lengthy and costly process, but in Texas, certain estates qualify for a simpler method to transfer assets. One way to bypass the probate process is through a small estate affidavit. This legal tool provides a faster and more affordable solution for...
Receiving assets from a loved one’s estate can be complex, especially when navigating taxes. Probate is the legal process that verifies a will and distributes the deceased’s assets according to their wishes. While often straightforward, beneficiaries should be aware...
You have to choose someone to be your estate administrator as you make your estate plan. The plan only offers guidance and expresses your wishes – who should get which assets and things of this nature. But you still need an estate executor or estate administrator to...
If you are creating or updating your estate plan, you may be considering whether a family member can act as a fiduciary. The answer is yes, but there are important factors to consider. The role of a fiduciary A fiduciary handles critical tasks, such as managing...
Imagine the stress and confusion if your will, trust or other estate plans no longer reflect your current financial situation or family dynamics. It can leave your loved ones in a difficult situation as they try to navigate outdated or impractical instructions,...
When managing finances, property, or other significant assets, it’s common to face the decision of whether to appoint a fiduciary. Many wonder if placing your assets in the hands of a fiduciary is a good idea or not. Understanding the responsibilities of a fiduciary...