Why can someone contest a will in the state of Texas?
After a loved one passes away, their estate plan should reflect their wishes for their legacy. However, in some cases the will may not truly represent their wishes and interests. Under Texas law, an interested party—beneficiaries, trustees, family members and others with a connection to the person who passed away—can contest a will in court….
The process for challenging a will
A will is meant to reflect the final wishes of the deceased, and to give legal power to those wishes. Since the deceased is no longer around to testify, a court takes the will as the voice of the deceased. Unless a court finds that a will has not satisfied all its formal requirements, it…
When a trustee puts personal gain before the trust’s interests
The trustee who manages the major decisions and transactions for a trust has an obligation to the trust itself, the testator who created the trust and the beneficiaries. They should always put the best interests of the trust before their own personal interests. This obligation, known as a fiduciary duty, serves as a protection for…
What not to include in a will
The prevailing wisdom when drafting estate planning documents is to be as thorough as possible. Those drafting the will should have a comprehensive list of assets, clear directions for how to disperse them and how to handle other relevant matters. Nevertheless, there are certain assets and arrangements you should not include as part of your…
What to do if you are not in the will?
Parents will often have a difficult time discussing the details of their will, trust or estate plan. So it may be a few words along the lines of, “you and your brother will split everything after your mother dies.” That is often all the information that a family member gets unless they are the trustee….