Should I Set Up a Trust?

The answer to the question “should I set up a trust instead of a Will?” often arises when people contact me for estate planning purposes. My answer to that question is one often uttered and not often deemed helpful by the recipient, and that answer is “it depends.”  When people…

How Do I Avoid Probate?

People often express a strong desire for avoiding probate when discussing their own death of the death of a loved one. My first response to them as a Texas attorney is usually something along the lines of “I understand where you’re coming from, but A) Texas probate generally is not…

Breach of Fiduciary Duty

Breach of Fiduciary Duty

Those who are named personal representative of an estate, such as an executor, administrator, or guardian, have a fiduciary duty to the estate. This means personal representatives of an estate must always act in the best interest of the estate. Whether you are an executor who wants advice on how to fulfill…

Can I Avoid Probate with a Texas Revocable Living Trust?

Can I Avoid Probate with a Texas Revocable Living Trust?

A Revocable Living Trust is an estate planning instrument created by you during your lifetime and is effective in connection with any real or personal property that you place into the trust. Until such time as it’s funded with assets, it’s just a nullity. When you create the Revocable Living…