An administrator fails to distribute estate funds as ordered by the probate court. The beneficiary obtains a judgment for statutory penalties against the administrator under Section 360.301 of the Texas Estates Code. The beneficiary then sues the administrator’s surety company to collect on the bond. The surety moves for summary judgment, arguing the statute does...KEEP READING

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...KEEP READING

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...KEEP READING

When someone agrees to serve as executor of a loved one’s estate, they usually expect some paperwork and a few decisions about distributing assets. Most people don’t anticipate that years later they could lose their position, forfeit substantial compensation, and face allegations of serious misconduct. The role carries significant responsibilities that extend far beyond simply...KEEP READING