Doehring & Doehring Attorneys at Law Houston Estate Planning Lawyer | Doehring & Doehring 2026-08-21T18:24:29Z https://www.doehringlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1204271/2020/08/cropped-site-icon-min-32x32.png On Behalf of Doehring & Doehring Attorneys at Law <![CDATA[Top 3 reasons people do not make estate plans]]> https://www.doehringlaw.com/?p=53343 2026-08-21T18:24:29Z 2026-08-21T18:24:29Z On average, only about 1/3 of all Americans have drafted an estate plan. This means that most people do not have a will, they have not created a trust and they have not taken other steps to plan for the future, such as setting up a power of attorney. When someone passes away without an estate plan, it can significantly complicate things for their family members and increase the odds of conflicts and disputes. So why is it that people fail to take such an important step?

They do not know where to start

In some cases, a person will simply be confused about how to get the process started. What paperwork do they need to write a will? What financial disclosures are necessary? Where do they file that paperwork? This is why it is so important to start looking into your options, as getting the process underway can help to make things feel a bit simpler.

They do not think they need a plan

Some people make the mistake of thinking that it is not necessary for them to create an estate plan, perhaps because their net worth is relatively low. But an estate plan can also address things like family heirlooms, future medical decisions and much more. Regardless of the value of your estate, planning in advance is important.

They believe they have more time

Perhaps the top reason that people do not make an estate plan, though, is that they are putting it off until they are older. This is a very risky form of procrastination, however. In many cases, it is best to write an estate plan early and then update it periodically, rather than waiting for a more advanced age. If you do not have an estate plan yet, perhaps for one of the reasons noted above, it can be helpful to work with an experienced attorney to explore your options.]]> On Behalf of Doehring & Doehring Attorneys at Law <![CDATA[Legal options for when your Texas PR isn’t doing the job]]> https://www.doehringlaw.com/?p=53341 2026-08-17T13:52:28Z 2026-08-17T13:50:06Z Losing a loved one is difficult enough without the chaos you can experience during the probate process. In Texas, the executor (also known as the personal representative) is responsible for handling your loved one’s estate. They have a fiduciary duty, the highest standard of legal care, to act in the estate’s best interests. However, even though most executors try to do the right thing, the process can stall for various reasons. If you feel that the executor is stalling, being secretive or mismanaging assets, exercise your legal rights under the Texas Estates Code.

Signs of misconduct

Before taking concrete steps to pursue legal action, look for common signs of executor misconduct. Not every delay is deliberate, but certain actions can lead to executors failing to fulfill their duties.  Here are a few common issues encountered during the probate process:
  • Lack of communication
  • Mismanagement of assets
  • Failure to pay bills
  • Failure to file documents
  • Self-dealing (prioritizing personal interests)
If your executor fails to act within a legal timeframe, you may file a motion to compel them to do so. You have several legal options available to ensure the executor handles your loved one’s estate properly.

Formal accounting demand

An executor must provide a list of the estate’s inventory, debts and other financial matters. Texas Estates Code Section 404.002 guarantees you the right to demand that the executor show a detailed accounting report. This report must detail all assets received, all debts paid and all property remaining in the executor’s hands. For the initial Inventory, Appraisement, and List of Claims document, the executor needs to comply with a 90-day deadline. This is often the most effective way to uncover financial mismanagement. The rule also provides reasonable time for the executor to collect data on the estate and create the report.

Court action

If the executor fails to complete tasks, the probate court can order the executor to act. The court may intervene and compel them to fulfill their duties. Not only that, but they can remove the executor under certain grave circumstances, including:
  • Theft of estate property
  • Gross misconduct or mismanagement
  • Conflict of interest
Because courts view removal as a severe remedy, they generally require clear documentation before proceeding. Depending on the severity of the action, courts may remove the executor without notice or with notice and a hearing.

Breach of fiduciary duty lawsuit

If an executor’s conduct leads to actual financial harm, you may sue them for breach of fiduciary duty. If successful, the court may order the executor to pay damages out of their own pocket to reimburse the beneficiaries for the loss. However, it is important to note that probate litigation in Texas is complex. Most Texas executors have a great deal of freedom to act without constant court supervision. While this usually quickens probate, it also makes it easier for a bad actor to hide their mistakes. Nonetheless, do not wait if you suspect misconduct. A qualified Texas legal representative can help you file the necessary motions to protect the estate and your inheritance.]]> On Behalf of Doehring & Doehring Attorneys at Law <![CDATA[Can an executor distribute assets before probate ends?]]> https://www.doehringlaw.com/?p=53340 2026-08-14T13:56:10Z 2026-08-14T13:56:10Z Independent executors have broader distribution powers Texas gives an independent executor authority to distribute certain estate property without first obtaining a separate court order. Unless the will or a court order provides otherwise, an independent executor can distribute property in divided or undivided interests. They can even allocate specific assets among beneficiaries. This is an important distinction because independent administration gives you more freedom to handle the estate without asking the probate court to approve every step.

The will can limit an early distribution

The will controls how you distribute property when it contains specific instructions that apply to the asset or the distribution. A court order can also limit what you can do. That means you need to look at the actual language governing the property before assuming you can distribute it simply because you have authority as an independent executor.

Some property can be distributed before the estate closes

Texas law allows an independent executor to distribute property that is not specifically devised in several ways. This includes dividing interests or allocating particular assets among beneficiaries. The law also requires an independent executor to obtain a signed receipt or other proof of delivery when distributing tangible or intangible personal property.

Review the distribution before you make it

Before making an early distribution, review the will, the type of administration and the specific asset involved. If you are unsure whether you have authority to distribute it, getting legal guidance before transferring the property can help you avoid having to undo the distribution later. A careful review can make the rest of the estate administration much easier.]]> On Behalf of Doehring & Doehring Attorneys at Law <![CDATA[Should your estate plan include digital assets?]]> https://www.doehringlaw.com/?p=53339 2026-08-10T10:40:37Z 2026-08-10T10:40:37Z Your estate plan may need to include some digital assets. But the reality is that it is complex. It depends on the type of digital assets you have, how you acquired them and what you plan to do with them moving forward. For example, perhaps you purchased cryptocurrency. This is a digital currency that has a real-world value. You can include it in your estate plan the same way that you would include other currencies or financial assets. That said, you may need to take additional steps. There are login credentials that will need to be provided to the beneficiary so that they can access the cryptocurrency in your electronic wallet, for example. This is different from simply leaving someone cash or the contents of a bank account that can be accessed by the estate executor.

Digital products

When it comes to digital products like books, movies, TV shows or video games, the reality is that you often cannot leave them to the next generation – even if you have spent thousands of dollars building up a valuable collection. The problem is that you often have not purchased those products at all. Instead, you have purchased a license to use them or access them whenever you want, but that license expires when you pass away. It is different from owning a physical copy of a book or a movie, so you cannot include it in your estate plan.

Drafting your plan

Modern estate planning can become complicated, and digital assets are only growing more common. Take the time to carefully look into all of your legal options.  ]]> On Behalf of Doehring & Doehring Attorneys at Law <![CDATA[Can you remove a trustee: Things beneficiaries need to know]]> https://www.doehringlaw.com/?p=53338 2026-08-07T12:09:03Z 2026-08-07T12:09:03Z Terms of the trust agreement Many well-drafted trusts include provisions granting a settlor, a trust protector or a designated majority of beneficiaries the power to remove and replace a trustee without court intervention. Following these written procedures is the fastest and least costly route.

Court order under state law

If the trust document lacks a removal clause, an “interested person,” such as a co-trustee or a beneficiary, can petition a Texas court. Under the law, a judge might order a removal if the trustee:
  • Violated (or attempted to violate) the trust’s terms, resulting in a financial loss
  • Becomes incapacitated, is insolvent or filed for personal bankruptcy
  • Refused or failed to provide required legal accountings of trust finances
  • Engaged in severe conflicts of interest, self-dealing or hostile behavior that impairs administration
Removing a trustee through the court system requires filing a formal petition, gathering financial evidence and presenting your case at an evidentiary hearing. Courts generally demand clear evidence of misconduct or incapacity before taking action.

Taking the right steps

Beneficiaries have a legal right to demand transparency and enforce proper management of the estate. If you suspect a trustee is failing their duties, reaching out to an experienced estate planning attorney could help protect the trust’s assets and safeguard the inheritance.]]> On Behalf of Doehring & Doehring Attorneys at Law <![CDATA[How to handle missing or unknown heirs during probate]]> https://www.doehringlaw.com/?p=53337 2026-07-30T12:33:25Z 2026-07-30T12:33:25Z The difference between missing and unknown heirs A missing heir is someone entitled to a share of an estate whose location is unknown. An unknown heir is someone whose existence the family may not have established. Common examples include a child born from a relationship outside of marriage or a relative from an estranged branch of the family tree. If there is no will, Texas law determines who inherits the estate. However, even when a will is present, unknown heirs may still have grounds to come forward and contest the distribution of the estate.

The legal importance of identifying all heirs

Texas law requires that all heirs receive proper notice before an estate moves forward. If you are an executor, identifying all potential heirs is a critical part of your duties in probate administration. Failing to meet this requirement can expose you to personal legal liability as executor.

Obligations as executor under Texas law

When you cannot locate an heir, Texas probate courts require reasonable efforts to find them. This commonly includes publishing notice in a local newspaper. This notice informs the public that a probate case is open and invites potential heirs to come forward. In some cases, the court may order a formal heirship proceeding. This is a legal process where the court examines the facts of the estate and determines who the rightful heirs are. Witnesses may testify about the deceased person's family history and relationships. Courts may also appoint an attorney ad litem to represent the interests of missing or unknown heirs. This attorney protects the rights of individuals who cannot appear in court themselves.

How Texas courts handle a missing heir's share

A missing heir's share does not simply disappear. Texas courts can hold those funds in reserve until the heir surfaces. If the heir remains unfound after all legal steps conclude, the state may claim those funds through a process called escheatment. This prevents the estate from staying in legal limbo indefinitely.

Ensuring the estate reaches the right heirs

As executor, you must make sure the rightful heirs receive their inheritance. However, delays in identifying heirs can stall the entire probate process. Taking the proper legal steps can help ensure the estate is settled and distributed to the correct beneficiaries.]]> On Behalf of Doehring & Doehring Attorneys at Law <![CDATA[3 types of trusts to consider for your estate plan]]> https://www.doehringlaw.com/?p=53335 2026-07-29T15:27:09Z 2026-07-29T15:27:09Z How can a trust benefit your loved ones? When determining what kind of trust is appropriate, it is important to consider what you want it to accomplish. Do you want to distribute assets immediately after you pass away? Do you want to create trust funds for your children or grandchildren? Here are a few types of trusts to consider:
  1. Revocable living trust: One of the most common types of trusts, a revocable living trust can be altered or revoked while you are alive. This allows you to make adjustments to the terms or contents of it. When you pass away, the trust becomes irrevocable and cannot be altered.
  2. Incentive trust: You can set terms that limit access to trust funds with an incentive trust. For example, you can use this trust to only distribute funds to beneficiaries who enroll in college.
  3. Generation-skipping trust (GST): Trust funds can be used for multiple generations with a GST. This distributes funds to grandchildren and great-grandchildren or anyone who is at least one generation or 37.5 years removed from the grantor (the person who establishes the trust).
To learn more about trusts and determine which kind fit your and your family’s needs, reach out for experienced legal guidance.]]> On Behalf of Doehring & Doehring Attorneys at Law <![CDATA[3 probate mistakes that can delay estate distribution]]> https://www.doehringlaw.com/?p=53332 2026-07-23T02:48:35Z 2026-07-23T02:48:35Z The probate process typically takes 6 to 18 months, though simple estates can sometimes be completed in 3 months. Unfortunately, even relatively minor mistakes can slow the administration of an estate, increase costs and create unnecessary stress for the surviving family members. Every estate is unique, but understanding some of the most common probate pitfalls can help personal representatives fulfill their duties more efficiently and avoid problems. 

1. Failing to locate important estate planning documents

One of the first steps in the probate process is locating the deceased’s will and other essential estate planning documents. Delays often occur when family members can’t find the original will, discover multiple versions or are unsure if a will even exists. In Texas, an original will is typically required to open probate unless specific legal requirements for a lost or destroyed will are met. In addition to the will, the personal representative should have:
  • Death certificates
  • Trust documents, if applicable
  • Property deeds
  • Bank and investment account information
  • Life insurance policies
  • Vehicle titles
Having important documents readily available helps start the probate process off smoothly.

2. Failing to identify all estate assets

The personal representative is responsible for identifying estate property.  Assets might include:
  • Safe deposit boxes
  • Mineral rights
  • Royalties
  • Digital assets
Missing assets can delay the probate process because the estate inventory is incomplete or inaccurate.

3. Poor recordkeeping

Personal representatives owe fiduciary duties to the estate and its beneficiaries. One of the most important responsibilities is maintaining clear financial records throughout the probate process, including:
  • Receipts
  • Bank statements
  • Valuations
  • Correspondence with creditors
  • Record of distributions
Documentation helps demonstrate that the personal representative fulfilled their duties properly. While some probate cases are relatively simple, others may involve blended families, business interests, out-of-state property or contested wills. Attempting to navigate these complicated issues without legal guidance can lead to costly mistakes.  It’s vital to work with someone who can explain legal responsibilities, comply with court requirements and address issues before they become significant delays.  ]]> On Behalf of Doehring & Doehring Attorneys at Law <![CDATA[Named as Texas executor? Things to do in the next 30 days]]> https://www.doehringlaw.com/?p=53331 2026-07-20T13:36:49Z 2026-07-20T13:36:49Z Locate and review the original will One of the first things a named executor must do is locate the original signed will. Texas probate courts usually require the original document, and failing to find it may delay the entire process. Once the executor finds the document, they must contact the drafting attorney and check with the county clerk if needed.

File for probate and qualify

Texas law gives executors four years to probate a will, but waiting can cause trouble and lead to piling bills while property sits unprotected. Within the first month, an executor must also:
  • File the will and a probate application with the proper county court.
  • Begin the formal probate process, keeping in mind that the hearing, oath and issuance of Letters Testamentary often occur later.
  • Wait for the required notice period to pass before a probate hearing can be held.
  • Attend the probate hearing, take the oath of office and receive Letters Testamentary once qualified.
These steps establish the executor’s legal authority to act for the estate. Once Letters Testamentary are issued, the executor can manage bank accounts, pay valid debts and handle other estate business going forward.

Comply with deadlines and asset protection

While full estate administration can take months, the first 30 days can be crucial for establishing authority, securing property and calendaring Texas probate deadlines. To begin, Executors must immediately note deadlines to publish notice to unsecured creditors within one month, notify secured creditors within two months and send the will and notice to beneficiaries within 60 days after probating the will. Beyond managing deadlines, executors are also responsible for notifying banks, the Social Security Administration and other relevant institutions. At the same time, they must secure estate assets and start identifying what the estate owns and owes. This tracking is vital because the detailed Inventory, Appraisement and List of Claims must be filed within 90 days of receiving Letters Testamentary.

Managing the initial days as executor

Serving as an executor is a big responsibility, but breaking the first month into clear steps makes it manageable. Proper legal counsel can help an executor navigate each deadline, handle the required paperwork correctly and administer the estate with greater confidence.]]> On Behalf of Doehring & Doehring Attorneys at Law <![CDATA[Should you agree to be a personal representative?]]> https://www.doehringlaw.com/?p=53329 2026-07-17T12:26:21Z 2026-07-17T12:26:21Z In the wake of grief after a friend or loved one passes away, some people may be startled to learn that they were either named by the decedent or the Texas probate courts as personal representative of the estate. What happens then? Make no mistake, this is a major responsibility that should not be accepted and then taken lightly. Find out more about the responsibilities of personal representatives to decide whether or not you are the right person for the tasks at hand.

It’s a position of trust

If your deceased loved one or the probate court appointed you as personal representative, it was because they felt that you were up to the job. But their assessment could still fall short of the mark.

You likely won’t be paid

Many times, someone appoints a relative or close friend to execute their estate administration duties without bond or compensation. That means that there is no requirement to be bonded, but you will not get paid from the estate for the services you render. If that is untenable and a sticking point, it may be possible to petition the estate for a stipend to be paid from its proceeds to cover your expenses and fees.

But you bear liability for errors and lapses

One potential problem that gives many estate planners pause is their being on the hook to the estate and its beneficiaries and heirs for any mistakes that might be made during probate. This alone can be enough of a red flag to cause potential personal representatives to decline the appointment.

You can honor the friend and protect yourself, too

One way to remain personally protected but still carry out your loved one’s wishes is to retain the services of an estate administration professional to manage the nuts and bolts of the estate. That can be a win-win situation for all parties.]]>