An Executor’s Guide to Administering an Estate
Estate Planning 101: The Five Most Important Clauses for Wills and Trusts
Top Ten Mistakes Executors Make and How to Avoid Them
After the loss of a loved one, families often face difficult questions—especially when the terms of a will are unexpected or the person named as executor is unfit. In these situations, it’s important to know that you do have...more
In Suday v. Suday, the executor was also the sole beneficiary of her mother’s estate. No. 24-1009, __ Tex. LEXIS __ (Tex. June 27, 2025) (per curiam). She engaged in substantial litigation seeking to challenge her parents’...more
In In re Est. of Prieto, the contestant’s mother executed a will in 2008 leaving her property to a trust. No. 04-22-00038-CV, 2024 Tex. App. LEXIS 6336 (Tex. App.—San Antonio August 28, 2024, no pet.)....more
Probate is the legal process through which a deceased person’s assets are distributed to heirs or beneficiaries and debts are settled. While many estates pass through probate smoothly, disputes can and do arise—sometimes...more
Have you been asked to be a trustee or executor? A trustee or executor has substantial financial and legal liability, and the trust or estate will pay an attorney to guide them through the process....more
As discussed in a previous blog, prior to an executor making distributions from an estate he/she must produce an accounting which the beneficiaries of an estate are entitled to review. Provided that the accounting is...more
Prior to the distribution of an estate by an executor to its beneficiaries, an executor must prepare an accounting which outlines the assets of an estate, its liabilities, and the expenses paid by an estate prior to actual...more
When is the executor nominated by the decedent in a will deemed unfit to serve as executor? Rarely – but a recent decision in Surrogates Court set forth the standard and deemed the nominated executor in that case unfit to...more
The Chambliss estate planning team often helps families navigate the complexities of administering a loved one’s estate. Challenges can arise in addressing the personal property in the estate...more
Managing your residuary estate - Even with a comprehensive estate plan, it’s likely you’ll have some assets in a residuary estate. Like the sediment at the bottom of your glass after you finish a fine wine, an estate plan...more
In Castaneda v. Chapa, the executrix of an estate sued regarding the decedent changing account designations and a deed to real estate. No.13-22-00537-CV2024 Tex. App. LEXIS 3376 (Tex. App.—Corpus Christi May 16, 2024, no pet....more
What is a Refunding Bond and Release? If you are beneficiary of an Estate, at some point you will be asked to sign a Refunding Bond and Release prior to receiving your bequest from an Estate. The logical question that...more
Florida Court of Appeal Holds that Illinois Law Firm Subject to Jurisdiction of State of Florida in Connection with Legal Malpractice Lawsuit Brought by Personal Representatives of Deceased Father’s Florida Estate - Neal...more
As a beneficiary of an estate, you may be expecting to receive your inheritance in a timely fashion. Unfortunately, the process to properly administer an estate prior to distributions being made by an executor might take a...more
What is the immediate importance of estate planning and why should any parent, business owner, homeowner, or those nearing retirement be focused on this issue? Why do most people delay one of the most critical financial and...more
Creating a last will and testament is the first step in creating an estate plan – a critical planning tool to ensure that your wishes are honored and that your loved ones are cared for after your death....more
In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin May 23, 2024, no pet. history)....more
The recently implemented Corporate Transparency Act (the “CTA”) requires that certain entities report information about themselves and their “beneficial ownership” to the Financial Crimes Enforcement Network of the United...more
While undue influence claims are commonly asserted in probate proceedings, especially with the increased prevalence of dementia and similar disabilities, two recent cases from New York’s Appellate Division illustrate how...more
One of the most common questions raised by clients is: how often should I update my Will? The answer to this question must be examined on a case-by-case basis and is heavily dependent on each client’s ever-changing present...more
There are a number of considerations to make when deciding whether to proceed with a Will-based estate plan or a trust-based estate plan. First, as a general matter, there are two ways in which your estate can be distributed...more
When conflict arises in the settling of an estate – especially a high-net-worth estate – the parties involved may look to the courts to help resolve the dispute. Litigation is one way to settle probate disputes, but it is...more
In Many v. Ridgely, a decedent’s son and daughter were beneficiaries of her estate. No. 03-21-00520-CV, 2023 Tex. App. LEXIS 8189 (Tex. App.—Austin October 27, 2023, no pet. history)...more
What is the Probate Process in New York? Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute the...more
You’ve probably heard that “He who represents himself has a fool for a client,” an adage dating back to the 17th century and commonly attributed to Abraham Lincoln (but not by me – I first heard it on an episode of...more