A breach of fiduciary duty occurs when a “fiduciary,” such as the personal representative of an estate, a trustee, or a guardian, fails to comply with the duties created by the nature of their relationship with another person. A fiduciary relationship exists whenever one person places confidence and trust in and is at some level …
The term “residuary” refers to the “residue” of an estate or trust, which is all of the property that remains after the specific gifts detailed in the will or trust are distributed. An asset, such as personal property or real estate, is considered to be part of the residue of an estate or trust if …
An inheritance lawyer, also known as a probate or estate lawyer, is a state-licensed attorney who helps personal representatives and heirs of estates handle the estate of a deceased person. An inheritance lawyer can be involved in various capacities based on the specific details of an estate. A probate lawyer’s role in settling an estate …
A dynasty trust is a type of irrevocable trust that can be used to pass wealth from generation to generation. Its primary purpose is to minimize taxes. While the property remains in trust, it is not subject to estate, gift, or generation-skipping transfer (GST) taxes. The person who initially creates the trust, who is known …
When comparing a trustee and a beneficiary of a trust, it is difficult to say who has “more rights,” as they each have completely different roles, powers, and responsibilities. While the trustee has a great deal of authority to administer the trust and manage its affairs, they also are bound by a fiduciary duty to …
Who Has More Rights, a Trustee or the Beneficiary? Read More »
The Uniform Electronic Transactions Act (UETA) is a “model” legal code, which means that states must pass their own legislation for it to become law. The UETA gives electronic signatures the same legal validity as a handwritten “wet” signature for certain transactions that the parties have agreed to conduct electronically. Every state except New York …
Is Texas a Uniform Electronic Transactions State? Read More »
Yes, Texas’s trust code can be found in Subtitle B of Title 9 of the Texas Property Code. While all of Title 9 governs trusts, Subtitle B is referred to as the “Texas Trust Code.” It contains almost all of the relevant provisions regarding trusts and their creation, administration, and termination. Here’s a quick guide. …
Texas Property Code Chapter 112 is part of the Texas Trust Code. A trust is a legal arrangement where one party, called the “trustee,” holds legal title to certain property and manages it for the benefit of other parties, called the “beneficiaries.” Chapter 112 of the Texas Trust Code governs the creation, validity, modification, and …
Once your position as a beneficiary of an irrevocable trust (after your loved one passes and their revocable trust becomes irrevocable, for example) vests, you have the right to receive a copy of the trust documents. The trust document operates like a contract and will spell out your rights and the trustee’s obligations, as supplemented …
A trustee does not need beneficiary approval to sell trust property. However, a trustee who wants to avoid litigation would be wise to at least seek approval of the trust beneficiaries, and, at a minimum, be able to substantiate why the property was sold and how that sale benefited the trust beneficiaries. Have questions? Schedule …
Can a Trustee Sell Property Without All Beneficiaries Approving? Read More »
Upon losing her husband, the determination of what the surviving wife will inherit will be based on a combination of state law, the husband’s last will and testament, his revocable living trust, any irrevocable trusts, retirement account beneficiary designations, payable-on-death or transfer-on-death account designations, pre-nuptial agreements, post-nuptial agreements, and potentially other estate planning documents. However, …
When a Husband Dies, What Is the Wife Entitled To? Read More »
En Florida, si alguien muere y deja un testamento válidamente ejecutado que dispone de sus bienes, al fallecer, los bienes usualmente se distribuirán de acuerdo a los deseos descritos en el documento. Sin embargo, si alguien fallece sin un testamento válido, las leyes de sucesión intestada dictan el esquema de distribución de los bienes a …