Doehring & Doehring Attorneys at Law Houston Estate Planning Lawyer | Doehring & Doehring2026-07-03T12:19:03Zhttps://www.doehringlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1204271/2020/08/cropped-site-icon-min-32x32.pngOn Behalf of Doehring & Doehring Attorneys at Law<![CDATA[How to build a strong fiduciary relationship]]>https://www.doehringlaw.com/?p=533252026-07-03T12:19:03Z2026-07-03T12:19:03ZPut the right duties in writing
To set up a fiduciary relationship, you’ll need more than a handshake. Clear steps help protect both sides and reduce confusion later. You can start with these basics:
Choose the right person: Pick someone responsible and able to make careful decisions. The person should understand the duty to place your interests first.
Define the role: Be clear about what the fiduciary can and cannot do. This may include managing accounts, signing documents, paying bills or handling property.
Use a written agreement: A written document helps show the purpose of the relationship.
Keep records: The fiduciary should track decisions and payments to prevent disputes and show that duties were handled properly.
Review the relationship: Your needs may change over time. A regular review helps make sure the arrangement still fits your goals.
Above all, a fiduciary should never use the role for personal gain unless the written terms allow it and you fully understand the arrangement.
Establishing a fiduciary relationship can provide you with structure and protection when important matters are at stake. However, the small details matter. Before you sign documents or give someone authority over your property or finances, seeking thoughtful legal guidance can help you create terms that reflect your wishes and reduce a risk of future conflict.]]>On Behalf of Doehring & Doehring Attorneys at Law<![CDATA[Disinheriting someone does not require a minimal inheritance]]>https://www.doehringlaw.com/?p=533232026-06-30T17:34:32Z2026-06-30T17:34:32ZDisinheriting someone can get a bit tricky. If a parent decides to cut one of their children out of the will, for example, they may simply leave that child out. They do not mention them at all and instead split their assets between other beneficiaries.
But this can sometimes lead to estate disputes. The child who was not mentioned may claim that they were forgotten, that it was an oversight and that their parent actually intended to put them in the will. To get around this, people would sometimes leave a minimal inheritance, such as leaving the person a single dollar, thereby demonstrating their intent.
Why is this not necessary?
You certainly can use this tactic if you want, but remember that it is not required. It can often stir up resentment and conflict among family members, and it is not necessary.Instead, you can just identify the disinherited individual in the estate plan. List them by name and state that they should not receive any of your assets. You are not required to provide a reason or any explanation, but you simply make it clear that you did disinherit them on purpose.This is a simple tactic that you can use to reduce the odds of an estate dispute and ensure that your wishes are actually followed. You provide clear instructions both to the estate administrator and to the other beneficiaries who are listed in your will.
Setting up your estate plan
If you are planning to disinherit someone, especially a direct family member, your estate plan is naturally going to be a bit more complex. It is important to know what steps to take to set up the estate plan correctly and avoid any conflicts or disagreements moving forward.]]>On Behalf of Doehring & Doehring Attorneys at Law<![CDATA[Who pays for a lawyer advising a personal representative?]]>https://www.doehringlaw.com/?p=533222026-06-29T23:53:45Z2026-06-29T23:53:45ZThe estate usually pays for their lawyer
Most people would not agree to serve as a personal representative if they had to personally absorb the cost of hiring a lawyer. Legal guidance is frequently necessary to ensure adherence to state statutes.
Especially in cases involving legal controversies, personal representatives may require the advocacy of an experienced probate lawyer. Typically, the estate itself covers all of the costs of administration, including attorney fees incurred by the personal representative.
The only real exception to that rule is in cases involving misconduct on the part of a personal representative. If the courts find that they acted in bad faith, then they may ultimately be responsible for the cost of their own representation. For those who simply try to fulfill their responsibilities and require legal guidance, relying on the estate to pay for an attorney is standard.
Learning more about the probate process and the protections available for personal representatives can help people feel comfortable about administering an estate. The estate typically pays for probate costs and attorney fees, allowing personal representatives to avoid direct financial responsibility for this resource.]]>On Behalf of Doehring & Doehring Attorneys at Law<![CDATA[What records should an executor keep during probate?]]>https://www.doehringlaw.com/?p=533202026-06-23T09:54:51Z2026-06-23T09:54:51ZFinancial transactions
You should keep a clear record of all money that enters or leaves the estate. This includes deposits, payments and distributions made to beneficiaries.
Maintaining account statements and transaction histories can help you track how funds are handled over time. If questions arise about a payment or transfer, those records can help you explain where the money came from and how you used it.
Estate expenses
You should save proof of every cost paid on behalf of the estate. Even routine expenses can become difficult to remember months later if you do not have supporting paperwork.
Consider keeping copies of:
These materials can help support reimbursement requests and show that you spent estate funds on legitimate expenses.
Probate documents and communications
You should keep copies of important paperwork and written correspondence throughout probate. Having everything in one place can make it easier to respond to requests for information and keep track of completed tasks.
This file may include:
Court filings
Notices
Orders
Written communications with beneficiaries, creditors or professional advisers
Organized records can also help you confirm what information you shared and when you shared it.
Next steps
Good recordkeeping can make your responsibilities as an executor easier to manage from beginning to end. When you maintain accurate files, you are better prepared to answer questions, address concerns and keep estate administration moving forward. If you are unsure about your duties or the records you should preserve, seeking legal guidance can help you avoid mistakes and proceed with greater confidence.]]>On Behalf of Doehring & Doehring Attorneys at Law<![CDATA[What should blended families remember about estate planning?]]>https://www.doehringlaw.com/?p=533142026-06-18T14:32:30Z2026-06-18T14:32:30ZAdults should have an estate plan in place to ensure their wishes are known and legally enforceable. Creating this plan is straightforward for many adults; however, that’s not necessarily the case for those who have a blended family.
One of the challenges that comes with blended families is ensuring that a person’s current spouse, as well as their children from a prior relationship, are cared for. Standard estate planning assumptions likely won’t apply to these families.
Clear instructions matter
Leaving assets directly to a child may create financial issues for the surviving spouse, and any ambiguity can cause disputes. Family members may all have different expectations about various assets, such as the home, heirlooms and bank accounts. Having a plan that includes a will and beneficiary designations creates clear instructions about what goes to whom. Trusts can also be used to balance everyone’s needs. These have more flexibility than a standard will. For example, it may be able to set the trust to provide benefits to the surviving spouse while preserving the remaining assets for the children. Careful wording is critical to ensure that everyone understands the limits and responsibilities.
Discuss the plan beforehand
It’s a good idea to discuss the basics of the estate plan with loved ones so they can have their questions answered. This might help to prevent disputes when the estate plan has to be used. Getting the estate plan together as early as possible is critical so everyone knows what to do. Working with someone who can assist with getting the plan set in a legally enforceable manner may be beneficial. ]]>On Behalf of Doehring & Doehring Attorneys at Law<![CDATA[Communicating with beneficiaries as an executor: 4 tips]]>https://www.doehringlaw.com/?p=533102026-06-17T17:31:33Z2026-06-17T17:31:33ZKeeping beneficiaries adequately informed is one of your duties as an estate’s executor. It ensures you maintain transparency. Failing to effectively communicate with beneficiaries can get you into trouble. They may petition to remove you, as they may believe you are masking a legal violation, such as mismanagement of funds.So, how should you communicate with beneficiaries? Here are some tips:
1. Send written notices
Once you admit the will to probate, send the beneficiaries a formal written notice to inform them that the estate has been opened and that they have been named a beneficiary in the will. The notice should also include your name and contact information. Moreover, include a copy of the will admitted to probate and the official court order admitting it, or a summary of the gifts to the beneficiary. You are required to send this notice to eligible beneficiaries within 60 days of the will being admitted to probate. You can specify the communication policy you will use when sending the notice to set communication expectations. For instance, all non-emergency communications will be done via email, and you will be sending updates at key milestones or weekly.
2. Provide a detailed estate inventory
It’s essential to create and share with beneficiaries a list of the estate’s property, assets and debts. Then later, provide a documented financial accounting of income received, the estate’s expenses, debts paid and asset distributions before closing the estate.
3. Respond on time to questions
When beneficiaries contact you, you need to respond promptly. Delayed responses can lead to conflicts. You do not want to give the impression that you are unresponsive to beneficiary concerns.
4. Keep a record of your conversations
Consider communicating with beneficiaries in writing, as it’s easy to document. When you have a phone conversation, send the beneficiary an email with a summary of the discussion.Communicating with beneficiaries is a crucial role for an executor. Get more information on the best ways to perform your duties to protect yourself. ]]>On Behalf of Doehring & Doehring Attorneys at Law<![CDATA[How personal representatives can identify a decedent’s creditors]]>https://www.doehringlaw.com/?p=533052026-06-17T02:08:13Z2026-06-17T02:08:13ZMail and financial records can help
There's usually a paper trail of payments that can help validate the identity of creditors during estate administration. Mortgage lenders and credit card companies may have received checks that personal representatives can track. Creditors also typically send regular invoices, which personal representatives have the authority to open and review once they begin estate administration.
However, even a thorough review of financial records and correspondence may not uncover the identity of all creditors with an interest in an estate. Personal representatives can send formal written notice to known creditors they identify by evaluating mail and financial records. They can also publish notice in a local newspaper to provide unknown creditors with an opportunity to request payment during the probate process.
Following all of the necessary procedures to notify creditors of upcoming probate proceedings is an important part of estate administration that helps to financially and legally protect a personal representative. An attorney familiar with probate statutes can help personal representatives understand their responsibilities and avoid mistakes that could lead to financial liability.]]>On Behalf of Doehring & Doehring Attorneys at Law<![CDATA[How is guardianship terminated in Texas?]]>https://www.doehringlaw.com/?p=533042026-06-09T13:18:17Z2026-06-09T13:18:17ZGuardianship can provide important protection for minors and adults who are unable to manage their personal or financial affairs. However, a guardianship is not always permanent, and Texas law recognizes several circumstances where court supervision may no longer be necessary.
Families involved in estate planning often need to understand when a guardianship can end and what happens once the court determines that continued oversight is no longer appropriate. The answer depends on the ward's circumstances and the status of the guardianship estate.
What are the requirements for settling a guardianship in Texas?
Texas law allows a guardianship to be settled and closed in several situations. One of the most common occurs when the ward passes away. In that event, the guardianship estate must generally be administered and settled before the court can formally close the case.For minor wards, guardianship may terminate when the child reaches 18 years of age. It may also end earlier if the minor's legal disabilities are removed under Texas law or if the minor becomes married.A guardianship involving an incapacitated adult may be terminated if the court later determines that the individual has regained full legal capacity. When the ward can once again handle personal and financial matters independently, continued guardianship may no longer be justified.Termination may also occur when the ward's estate has been exhausted or when the expected income of the estate is so limited that maintaining the guardianship would create an unnecessary burden. In these situations, the court may conclude that the costs of administration outweigh the benefits of continued oversight.In some cases, assets may be transferred into a management trust or another court-approved arrangement. If the court determines that those assets can be properly managed without an active guardianship, it may authorize the guardianship's termination.Texas courts also retain broad authority to end a guardianship whenever they determine that it is no longer necessary under the circumstances. Each case is evaluated based on the ward's needs and the available evidence.As part of a broader estate planning strategy, understanding when a guardianship may be ended can help families prepare for future transitions. Seeking legal guidance may help clarify the next steps in the process.]]>On Behalf of Doehring & Doehring Attorneys at Law<![CDATA[Estate planning is not just about assets]]>https://www.doehringlaw.com/?p=533032026-06-04T20:55:16Z2026-06-04T20:55:16ZWriting a living will
For example, maybe you already know some of your medical preferences if they suffer a catastrophic injury or severe illness. Some people know that they do not want to be kept on life support in certain circumstances, for instance, or that they do not want to be resuscitated.
If you have these types of specifications for your future medical team, you can codify them in a living will. If something happens that leaves you incapacitated, your family and medical care providers can reference the document to determine your wishes.
Using a power of attorney
It’s also wise to provide a chosen agent with medical power of attorney. If you were to become incapacitated and unable to speak for yourself, then the agent would have the legal ability to make medical decisions for you. You can choose someone that you trust to put your best interests first.
If you have a living will in place, your agent is generally obligated to follow the wishes you’ve detailed. However, there may be other decisions not covered in this document they would need to make.
Creating an estate plan
These are just some of the steps you can take to make an estate plan that addresses more than just asset distribution. It’s important to work with an experienced attorney as you look into all of your legal options.]]>On Behalf of Doehring & Doehring Attorneys at Law<![CDATA[3 common reasons people try to remove executors]]>https://www.doehringlaw.com/?p=533022026-05-30T14:04:24Z2026-05-30T14:04:24Z1. Inaction and damaging delays
In cases where a personal representative named in paperwork has not yet initiated probate proceedings or taken any other necessary steps to secure estate resources and distribute them appropriately, concerned parties may seek to nominate someone else to assume that responsibility. Removal attempts due to inaction or delays are somewhat common.
2. A change in circumstances
People can experience major personal challenges that interfere with their ability to administer an estate. Medical challenges, personal financial insolvency and even pending criminal prosecution could all motivate beneficiaries or errors to seek the removal of a personal representative.
3. A breach of duty
When a personal representative damages the estate or otherwise fails to uphold their fiduciary duty to beneficiaries, removing them from the position might be appropriate. Regardless of whether the issue stems from incompetence, inaction or corruption, a breach of fiduciary duty could justify the removal of a personal representative.
Those seeking to remove personal representatives or to defend their position may need support navigating probate litigation. Discussing estate concerns with an attorney can help people recognize when the legal action is necessary or the best way of responding to removal attempts.]]>