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Recent Blog Posts
Who Has Standing to Contest a Will or Trust?
Before you can file a will contest or initiate trust litigation, you will need to show that you have legal standing to do so. Only people who have a legal interest in the case can challenge an estate plan. The standing rule prevents people who have no real interest in the outcome of the case from starting frivolous lawsuits to slow down estate administration for a personal enemy or filing litigation that is unwanted by the parties who would be affected by the outcome. This helps keep probate courts operating more efficiently for everyone. Showing that you have standing to challenge a trust can be more complicated than showing that you have standing to challenge a will. If you believe that there is an issue with your loved one’s estate plans and are considering litigation, you should work closely with an experienced San Antonio, TX estate litigation attorney.
Can a Person With Alzheimer's Make an Estate Plan?
Alzheimer’s is one of many age-related conditions that can affect a person’s mental state. People with Alzheimer’s or similar conditions can struggle with short and long-term memory loss and may experience confusion or impaired reasoning. Getting this diagnosis can be frightening and upsetting, for you and for your closest loved ones. Many people with Alzheimer’s have lost or will lose the capacity required to create a legally binding trust or will. However, many people who are in the early stages of Alzheimer’s do meet the requirements to sign a will or trust. If you or a loved one has been diagnosed with Alzheimer’s and would like to make an estate plan, you must act quickly. An experienced San Antonio, TX estate planning attorney can help to assess whether an individual is still able to create an estate plan.
Understanding The Capacity Test
The legal test used to determine whether an individual has the capacity to make a will or trust is fairly specific. First, a person must be able to understand the nature of his will or trust and the effect of signing a legal document. If he is able to simply explain what their estate planning documents are for and what they will do, this prong is usually met.
The Most Common Grounds for Removing an Estate Trustee
When a person is creating a trust meant to be used for distributing his or her assets after death, one of the most important tasks is choosing a trustee. A trustee should be someone the trust creator believes will faithfully carry out his or her wishes while managing the trust funds responsibly. Unfortunately, sometimes, a trustor’s faith is misplaced, and the trustee begins mishandling the trust or failing to act in the best interests of the beneficiaries after the trustor has died. If you are a trust beneficiary and have serious doubts about the trustee’s conduct or abilities, a San Antonio, TX fiduciary litigation attorney can help you take action.
Causing a Material Financial Loss to the Trust
If a trustee violates the terms of the trust and causes the trust to lose money, he or she may be subject to removal. For example, if the terms of the trust only allow standard low-risk investing techniques and the trustee loses a lot of trust funds on a very risky investment in a new business, he or she can likely be removed.
When Does a Mistake Become a Breach of Fiduciary Duty?
Fiduciaries — people in charge of carrying out estate documents like trusts and wills — can make mistakes. Being the executor of a will or a trustee of a trust is a major responsibility. If the will or trust involves many assets or beneficiaries, it can become a very complex task that can involve a great deal of paperwork and naturally result in some mistakes.
But when do mistakes become a breach of fiduciary duty? A fiduciary duty means that executors and trustees have a responsibility to act in the best interests of the estate owners. Breaching that duty could cause significant financial losses to the beneficiaries and have major legal consequences.
Understanding what fiduciary duty is and how to recognize when it is breached is crucial if you are the beneficiary of a will or trust. For more details, consult a Texas estate planning attorney who has experience in fiduciary litigation.
What Are the Legal Grounds for Contesting a Will in Texas?
A will is a legal document that contains a person’s instructions for what should happen to his or her estate upon death. These instructions must be honored, and it is the job of an appointed executor to make sure they are carried out. Usually, a probate court oversees the execution of a will to ensure its terms are fulfilled.
In some cases, however, there is a question of whether the will or a portion of it is valid. When that happens, the beneficiaries may contest the will through litigation. If they are successful, part or all of the will may be declared invalid, and the court will take the appropriate next steps. This article will discuss the legal grounds for contesting a will in Texas and how to do so. If you have questions about a will or wish to contest one, speak with a Texas will contest litigation attorney.
5 Types of Power of Attorney and How to Use Them
Power of attorney is a legal tool often used in estate planning that authorizes one person to act and make decisions on behalf of another. The person who is granted this authority is called an agent, and he or she may perform certain actions on behalf of the principal individual. Anyone who is 18 or over and of sound mind may grant an agent power of attorney.
There are various reasons why a person might want to confer this authority on someone else. This article will discuss five types of power of attorney and how to use them, as well as how to contact an experienced Texas estate planning lawyer.
Durable Power of Attorney
A durable power of attorney, also referred to as statutory power of attorney, is so named because it allows an agent to act on your behalf even after you have become incapacitated. An agent with a durable power of attorney can make decisions about:
When is an Independent Executor Allowed in a Will?
In Texas, the probate process can be difficult to manage on your own. However, one way to simplify this process is by naming an independent executor in your will. This approach can save time, money, and stress for your loved ones after you pass away. A Texas lawyer can help you determine when an independent executor is allowed in a will and why this option might be beneficial for you and your family.
What is an Independent Executor?
An independent executor is a person named in a will who is granted the authority to administer the estate with minimal court supervision. This role differs from a dependent executor, who must obtain court approval for most actions related to the estate. In Texas, independent administration is generally preferred due to its efficiency and cost-effectiveness.
When Can You Name an Independent Executor?
Under Texas law, you can name an independent executor in your will. There are two primary ways to establish independent administration:
How to Report Signs of Elder Abuse
Elder abuse is a serious problem that affects many vulnerable seniors. A Texas lawyer can work closely with elderly clients and their families, and it is crucial for everyone to be aware of the signs of elder abuse and know how to report it if suspected. By taking action, you could help protect an elderly loved one from harm.
Recognizing the Warning Signs
Elder abuse can take many forms, including physical abuse, emotional abuse, sexual abuse, financial exploitation, and neglect. Some common red flags that may indicate elder abuse include:
- Unexplained injuries like cuts, bruises, or broken bones
- Sudden changes in mood or behavior, such as acting fearful, withdrawn, or depressed
- Poor hygiene, malnutrition, or dehydration
- Unpaid bills, unusual bank account activity, or changes to important legal documents
Legal Protections Against Elder Abuse in Texas
Ensuring the safety and well-being of aging loved ones is one of the top concerns when receiving care. Unfortunately, elder abuse remains a significant problem, impacting numerous individuals. A Texas lawyer can discuss the legal protections with you for your family member.
Texas Laws Addressing Elder Abuse
The state of Texas takes elder abuse seriously and has enacted several laws to protect the elderly population. The Texas Human Resources Code, Chapter 48, defines elder abuse and outlines the responsibilities of the Texas Department of Family and Protective Services (DFPS) in investigating and addressing cases of abuse, neglect, and exploitation. The Texas Penal Code also provides criminal penalties for those who commit acts of elder abuse, including injury to an elderly individual and financial exploitation. These laws demonstrate Texas’ commitment to protecting the rights and well-being of its senior citizens.
How to Choose the Right Executor for Your Will in Texas
Selecting an executor for your will is an important decision that requires careful consideration. You will want to ensure that you choose an executor with the knowledge and capability to administer your estate efficiently per your wishes. A Texas attorney can guide you in selecting the right executor if you own property or assets.
The Role and Responsibilities of an Executor
In Texas, the executor (sometimes referred to as a personal representative) is the person or institution you name in your will to administer and distribute your estate after you pass away in accordance with your will’s provisions. The executor’s primary responsibilities involve tasks such as the following:
- Filing petitions with the probate court to open probate and be officially appointed executor.
- Notifying beneficiaries and creditors of your estate.
- Making an inventory of estate assets and valuation.
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