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Recent Blog Posts
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.
How Does Guardianship Affect an Elder’s Medical Autonomy?
When an elderly person loses the capacity to make certain decisions, the law sometimes allows a guardian to make them on the person’s behalf. Guardianship can be a great solution for elders who suffer from dementia, illness, aging, or general cognitive decline. It can help preserve an elderly person’s assets and well-being, even after incapacitation.
In certain cases, guardianship can affect an elder’s medical autonomy. This article will discuss what guardianship is, the different types of guardianship, and how it can affect an elderly person’s ability to make medical decisions. For more details or any questions regarding guardianship or elder care, contact a Texas estate planning attorney.
What Is Guardianship?
Guardianship allows an individual or agency (the guardian) to make decisions on behalf of someone else (the ward). The difference between this and a power of attorney is that a guardian is appointed by the court while an agent is granted power of attorney by the principal. Most guardians are relatives of their wards, and courts generally prefer to appoint family members if it is in the ward’s best interest.
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:
Can Elder Guardianship Be Forced Against Their Will?
One of the hardest challenges of aging is the loss of various capabilities. Some people manage to remain sharp and even physically fit until their final days, but many people experience some deterioration in their mental or physical capacities. You want to respect your parents and let them live with dignity, but if you are concerned that they are incapable of making appropriate decisions, you might feel that there should be some oversight on their decision-making for their own sake. This article will examine what happens when adult children want to arrange for guardianship for their parents when their parents do not want one. If you are in this situation, speak with a trusted San Antonio, TX elder law attorney to understand your options.
Establishing Guardianship in Texas
There are several situations where people might worry a loved one is unable to make decisions for themselves, whether that loved one is young, elderly, or someone with mental or physical disabilities. In such cases, you can petition the court to establish a guardianship, meaning you want to be appointed by the court to make decisions on their behalf.
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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