After a loved one passes away, their estate plan should reflect their wishes for their legacy. However, in some cases the will may not truly represent their wishes and interests. Under Texas law, an interested party—beneficiaries, trustees, family members and others...
Probate
The process for challenging a will
A will is meant to reflect the final wishes of the deceased, and to give legal power to those wishes. Since the deceased is no longer around to testify, a court takes the will as the voice of the deceased. Unless a court finds that a will has not satisfied all its...
When a trustee puts personal gain before the trust’s interests
The trustee who manages the major decisions and transactions for a trust has an obligation to the trust itself, the testator who created the trust and the beneficiaries. They should always put the best interests of the trust before their own personal interests. This...
What to do if you are not in the will?
Parents will often have a difficult time discussing the details of their will, trust or estate plan. So it may be a few words along the lines of, “you and your brother will split everything after your mother dies.” That is often all the information that a family...
What not to include in a will
The prevailing wisdom when drafting estate planning documents is to be as thorough as possible. Those drafting the will should have a comprehensive list of assets, clear directions for how to disperse them and how to handle other relevant matters. Nevertheless, there...
What prevents a muniment of title?
When a loved one dies, dealing with the division of their estate afterwards can be stressful. Depending on how well they planned out their wills or trusts, you may have to endure probate court before inheriting everything that the deceased wanted you to have. While...
Is it time to remove a trustee?
The main purpose of a trust is to provide resources for loved ones. This can be done during life and after death, though it's mostly associated with after death. A trust is an entity where a person manages their resources and shares them with next of kin, family and...
What To Do When a Loved One Passes Away
Whether your spouse has just passed away or you have lost your mom or dad, the emotional trauma of losing a loved one often comes with a bewildering array of financial and legal issues demanding attention. It can be difficult enough for family members to handle the...