44 articles
An inventory is a comprehensive list of all the assets of the estate and all claims against it. If an incorrect inventory is filed, you must object to it in a timely way, or it may be too late.
A Texas Gun Trust can hold other property and is not limited to firearms or suppressors.
Wondering what guardianship is and what the process entails in Texas? Read our blog post to find out more information on the process.
Learn what to do when a person holding a power of attorney abuses that power and causes damage to the person who gave them the power.
When an action benefits the fiduciary in any way, there is a presumption of unfairness and the burden is on the fiduciary to show otherwise.
Words have meaning. If you use the wrong words in a will or trust, you may deprive your beneficiaries of their legacy from you.
A Texas spendthrift trust provides for the beneficiary but is not available to the beneficiary's creditors. A creditor cannot get to the assets.
Trustees and executors are fiduciaries and owe duties to the beneficiaries. If they breach those duties, the can be removed.
A fiduciary owes the duty of loyalty and good faith, integrity of the strictest kind, fair, honest dealing, and the duty not to conceal matters which might influence his actions to his principal’s prejudice.
In Texas, a beneficiary has a right to know what is going on with the money being held by a fiduciary/what-is-a-fiduciary-in-texas/. Whether the fiduciary…
Texas courts recognize that a person with a power of attorney owes the principal (the person who gave the power of attorney) a fiduciary duty.
Trustee Accounting One of the primary duties of a trustee /definition-of-trustee/is to keep full, accurate and orderly records concerning the status of…
In Texas a fiduciary /learn-about-fiduciary-duty-in-texas/can be removed if he has a conflict of interest with the beneficiary. In a recent case, two…
Fiduciary responsibility in Texas - Fiduciary is a general term. A fiduciary is someone who has undertaken to act for and on behalf of another in a…
A fiduciary has an affirmative duty to make a full and accurate disclosure of all material facts that might affect the beneficiary’s rights. The trust…
In Texas, an executor or administrator, like a trustee/definition-of-trustee/has to account for the property that comes into his possession. The…
A fiduciary can be removed because of gross mismanagement. In a recent case, an attorney was appointed as the Independent Executor of his great uncle's…
Basically, a fiduciary is someone on whom the law imposes the highest duty to act on behalf of another like an executor, administrator or trustee.…
Texas has a general four year statute of limitations period that may apply in a suit against an executor or administrator for breeching his duties.
When a person tells someone how he wants his property handled when he dies but he has a written will or trust, the oral statements will not change how his…
How can you revoke a trust in Texas? In a recent case in Texas, a mother and father had a trust for the benefit of their two children. The mother died.…
Courts have denied a common law marriage when the marriage was known to only a few.
A fiduciary like an executor, a trustee, a holder of a power of attorney may have the right to sell property but selling it to himself is self-dealing.
There are many ways of breaching a fiduciary duty in Texas. Any time the fiduciary gains something of value, it is subject to a claim of self-dealing.
Removal of Executor or an administrator in Texas. Rights of beneficiaries of will to seek removal of an executor and what needs to be proven.
Arbitration clauses in wills may be enforced
A Texas Executor Violates Duty because of a Mistake. Even if he relied on his attorney if he was mistaken in his duties, he can be held personally liable.
Elder abuse is increasing, especially financial abuse, causing families to have to resort to post-death remedies such as contesting the will.
When a judge orders someone to do something and that person doesn't do it, the judge can hold him in contempt and put him in jail.
The language in a trust, even one prepared by a competent lawyer, may require interpretation by a court.
The Austin Court of Appeals upheld a sentence of 25 years given to a man who abused a power of attorney. The man was the former grandson-in-law of the…
No, says the Dallas Court of Appeals. The court stated that under Texas law, spendthrift trusts are trusts with language prohibiting the voluntary or…
Deed to Trustee When There is No Trust Who owns the Texas property if there is a deed to John Smith, Trustee but there is no trust?
In Texas, a trustee or other fiduciary may not be able to avoid liability for breach of his fiduciary duty by relying on other professionals like…
When someone is found to have breached a duty, a large judgment can be rendered against them. If they can't afford to pay the judgment, they can file for…
A fiduciary/fiduciary-disputes-mainmenu-29/who-is-a-fiduciaryowes the highest duty/fiduciary-disputes-mainmenu-29/duties/244-fiduciary-dutyimposed in law…
A Texas appeals court was asked that question when they had to interpret the following language in a Trust relating to the Trustees dealings with the…
It can be depending on the mental status of other heirs. Some will contest can get out of hand. As one person put it, you really never know a person until…
In 2005 the Texarkana Court of Appeals was asked that question. An elderly couple who became concerned about their future health and living care needs…
In two recent cases in the San Antonio area, the Texas Supreme Court was asked to decide if two banks were required to return money to an estate that the…
The Texas Supreme Court ruled in June 2009 that there is no statute of limitations for removing a trustee/learn-about-limitations-for-removing-a-trustee/.…
In a case decided in 2005, a man had an account at a financial institution. He originally opened the account as a joint account with right of survivorship…
Texas power of attorney trust principal settlor contesting a will fiduciary duty
All powers of attorney are not the same. A power of attorney ends on the death of the person who gave the POA. If not "durable" it ends on the incompetence of the person who gave it.