Posted on December 13, 2024 in Estate Planning

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.

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 Posted on October 31, 2024 in Probate Law

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.

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 Posted on August 09, 2024 in Estate Planning

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:

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 Posted on July 12, 2024 in Estate Planning

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:

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 Posted on May 22, 2024 in Elder Law

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

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 Posted on April 19, 2024 in Elder Law

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.

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 Posted on March 13, 2024 in Estate Planning

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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 Posted on February 19, 2024 in Estate Planning

As people age, they face a unique set of challenges and concerns, particularly when it comes to protecting their assets. With the rising costs of healthcare and the potential need for long-term care in the future, elders must carefully consider how best to safeguard their hard-earned wealth. One option that can provide peace of mind is an asset protection trust.

An asset protection trust is a legal tool that allows a person to transfer ownership of their assets into the control of a trustee while providing instructions for how the assets should be used to provide for a person’s needs or distributed to other beneficiaries. The primary purpose of this type of trust is to protect assets from potential creditors or legal claims, ensuring that they will be preserved for the benefit and use of the person and their loved ones. An attorney with experience in estate planning and elder law can provide guidance on the types of trusts that may be used while ensuring that the proper steps are taken to protect a person’s assets.

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 Posted on January 18, 2024 in Guardianship

There are some situations where a person may require someone to assist with various areas of their life and make decisions on their behalf. This can occur in cases involving elders or adults with disabilities who may not be able to properly care for themselves, address concerns related to their finances, or manage other aspects of their lives. In these cases, a guardian may be appointed by the court.

Guardianship is a legal relationship where a person (the guardian) is given the responsibility and authority to make personal and financial decisions for another person (the ward). There are two main types of guardianships: limited guardianship and plenary guardianship. An attorney with experience in issues related to elder law can provide guidance to elders and guardians in these situations, helping them understand their options and ensuring that there is a legal framework in place to meet a person’s needs.

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 Posted on December 19, 2023 in Elder Law

An estate plan will include a variety of essential documents that allow you to protect your assets and ensure that your wishes will be carried out correctly. While wills and trusts can be used to address financial concerns and distribute your assets to your beneficiaries, other documents may also be used to ensure that your needs will be met during your lifetime. Advance medical directives can provide instructions regarding medical care and other personal needs, ensuring that you will receive the proper treatment in situations where you may not be able to communicate your wishes. While there are multiple types of advance medical directives, a Declaration for Mental Health Treatment can be used to ensure that you receive the proper psychiatric care. An attorney with experience in estate planning and elder law can advise you on the benefits of a mental health declaration and help you make sure your wishes will be followed should you need psychiatric treatment in the future.

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