Family members sometimes create trusts for elderly parents as part of estate planning or to protect assets. An adult child acting under a durable power of attorney transfers the parent’s home, bank accounts, and personal property into a trust. The child names an attorney as trustee. Other family members become concerned. They question whether the […]
Naming a child as independent executor of your estate seems like a natural choice. This is what many people do with their estate plan. You trust that child to handle your affairs after death. You believe that child will treat their siblings fairly and follow your wishes. But what happens when that child takes actions […]
When someone names a family member as executor in their will, they place enormous trust in that person to handle their affairs after death. As part of their estate plan, that same family member often serves as attorney-in-fact under a power of attorney during the person’s lifetime. The attorney-in-fact manages finances, pays bills, and makes […]
When an executor needs to recover $100,000 that a family member transferred from the deceased’s account before death, where should the lawsuit be filed? One might assume that such a large dollar amount automatically puts the case in district court. This is logical given typical jurisdictional limits that restrict county courts to smaller monetary disputes. […]
Family disputes over estates sometimes lead people to make hasty decisions they later regret. A beneficiary caught in the middle of family conflict might disclaim their inheritance to restore peace. They sign documents waiving their rights to the estate. Later, when emotions settle, they realize they made a mistake and want to undo what they […]
A would-be executor or adminsitrator may not fully appreciate the complexities that can arise. Estate administration often involves discovering financial surprises that the deceased never anticipated. For example, a family member who steps into the role of executor or administrator for the estate may find outstanding debts or tax liabilities that complicate the distribution of […]
Divorce is like probate in that it involves a lot of paperwork and also decisions about dividing property. Most people focus on the house, retirement accounts, and bank balances. They split everything according to the decree and move on with their lives. But what happens when someone dies just days after the divorce is finalized—before […]
Estate planning documents frequently contain seemingly simple terms that later spawn disputes. A will leaves someone “the house” or “the farm” or “the real property.” Years pass. The testator sells parts of the property or receives notes as payment. The testator dies. Beneficiaries argue about what passes under the will. Some claim the testator meant […]
Holographic wills appeal to people who want simple estate planning without attorneys. This may include online forms or services that generate wills, or even having a non-attorney friend prepare the document. These non-attorney wills are frequently disputed, and often result in expensive litigation. One area of the disputes for these wills are those who handwrite […]
People execute wills in various ways. Some sign formal documents prepared by attorneys with witnesses present. Others handwrite simple documents disposing of their property. Texas law accommodates both approaches through different requirements for attested wills and holographic wills. However, one question frequently arises: what constitutes a valid signature on a will? The Texas Estates Code […]