Pasadena, TX Probate & Trust Administration Lawyer
Law Firm for Estate Administrators in Pasadena, TX
Estate administration can be a big responsibility. You will be responsible for either overseeing the probate process or managing a trust, or possibly both depending on how the estate is structured. Handling an estate can also be emotionally charged if you were close to the decedent. If you have been entrusted with probate or trust administration, an attorney can support you through the procedure.
The Fealy Law Firm, PC will be there to provide skilled legal guidance at every stage, whether you are settling a small estate through a simplified probate process or administering a long-term trust containing generational wealth. Experienced Pasadena, TX estate administration attorney Vicky Fealy can help you address any challenges that arise during the process with confidence.
Legal Help With The Challenges of Probate
Probating a will is a complicated legal process involving numerous steps. Some of the challenges executors may face during probate include:
- Identifying and paying off creditors - If the decedent had any outstanding debts, you will need to make sure those debts are paid off using estate property. This usually means that property or money that was promised to a beneficiary will need to go toward paying off a creditor.
- Handling will contests or probate litigation - If anyone challenges the will, you will become responsible for defending the estate.
- Taking inventory - You have only 90 days to conduct a complete inventory of all estate property. If the decedent had a lot of different types of property, this can become challenging.
- Addressing missing estate property - If the will was made years ago, it may state that a certain beneficiary should receive property the testator has since sold. The beneficiary may be entitled to a substitute gift of similar value, but an attorney should always address this issue.
- Notifying beneficiaries - Wills may not contain a complete list of beneficiaries by name along with their contact information. You may find wording like, "to each of my grandchildren."
An attorney can help you address these and any other complications you experience.
The Challenges of Trust Administration in Texas
Trust administration can bring unique challenges. An attorney can help you address issues including:
- Meeting your fiduciary duty - As a successor trustee, you have a legal duty to act in the best interest of the trust and its beneficiaries.
- Making gradual distributions - Many trusts include instructions for the trustee to slowly distribute trust principal over the course of many years. Trusts containing generational wealth may require very long-term planning.
- Investing trust principal - If you are directed to invest the funds contained in the trust, you must do so carefully. A lawyer can guide you in making lower-risk investments.
- Making discretionary distributions - If the trust document directs you to make distributions as you see fit to meet the needs of the beneficiaries, you should speak with an attorney before doing so.
- Transferring deeds - If there is real property contained in the trust, a lawyer should oversee the deed transfer process.
- Accounting for missing property - In some cases, a trust document may refer to property the decedent no longer owns. A substitute gift may be permitted, but you should always consult an attorney if there is missing property.
- Handling estate contests - While contests over trusts are rare, they are possible. If anyone challenges the enforceability of the trust, you will be in charge of defending it.
Managing a trust is no small responsibility. It is always advisable for a trustee to have his or her own legal representation.
Contact a Pasadena, TX Estate Administration Lawyer
The Fealy Law Firm, PC is committed to providing estate executors and trust administrators with high-quality legal representation. Harris County, TX probate and trust administration attorney Vicky Fealy is highly experienced in guiding estate administrators through their duties. Contact us at 713-526-5220 for a complimentary consultation.