Pearland, TX Probate & Trust Administration Lawyer

Skilled Estate Administration Lawyer Serving Pearland, TX

Estate administration can be a complicated and challenging process, especially if you were close to the decedent and are facing probate or trust administration while grieving. Probate can be an arduous and painstaking procedure, especially if the testator owned a lot of different types of property or had a lot of creditors. Serving as a successor trustee can be equally complicated, especially if the trust is designed to last for many years or benefit multiple generations of beneficiaries.

The Fealy Law Firm, PC is experienced in navigating the challenges that probate or trust administration can bring. From handling estate contests to fiduciary representation, Attorney Vicky Fealy is prepared for any of the hurdles you may face during the administration phase. It is best to find skilled legal representation as soon as the estate you are managing enters the administration phase so that you will have guidance from the outset of the case.

Challenges You May Face During Probate

Probating even a simple will can be a challenge. Some of the difficulties that may arise during probate include:

• Probate litigation - If you face litigation at any point during probate, having an attorney to represent you is essential.
• Will contests - Should anyone challenge the will, you will want skilled representation. Common grounds for will contests include undue influence, which is generally hard to prove or disprove, and lack of testamentary capacity.
• Satisfying creditors - Part of the probate process includes notifying the decedent's creditors and using estate property to satisfy the debts. As this may affect how much money or property the intended beneficiaries can receive, you will want a lawyer to address this issue.
• Inventory of estate property - In Texas, you have only 90 days to take a complete inventory of what the decedent owned.

It is best for those facing probate to be represented by an attorney who has a thorough understanding of what happens during probate and how to address any complications that may arise.

Successor Trustee Representation

Trust administrators may face different, but equally complex challenges when they begin distributing trust property. Some of the challenges trust administrators may need to address include:

• Estate contests - While rare, litigation over the validity of a trust is possible.
• Reinvesting trust funds - More complex trusts may include instructions for the trustee to continue investing the trust principal with the goal of growing the trust. This can be difficult and sometimes risky, as you must use good financial judgment to make strong investments. An attorney's advice can help minimize your risk.
• Making discretionary distributions - The trust document may give you some discretion in when to make distributions to beneficiaries. If you have the freedom to make reasonable and necessary distributions to meet the financial needs or support the career goals of the beneficiaries, it is best to consult an attorney before deciding to make an elective distribution.
• Long-term administration - Some trusts, particularly high-asset trusts, are designed to last many years. If you are instructed to make distributions to the beneficiaries over time or to hold certain property until younger beneficiaries come of age, you will want to work with an attorney who is experienced in long-term trust management.
• Fiduciary duty - As a trust administrator, you have a fiduciary duty. This means you are required to act in the best interests of the trust beneficiaries at all times. A lawyer can help you understand what this means and ensure that you are fulfilling your legal duties.

Contact a Pearland, TX Probate and Trust Administration Lawyer

The Fealy Law Firm, PC is dedicated to providing high-quality representation to trust administrators and estate executors. Dedicated estate administration attorney Vicky Fealy will do all she can to guide you through the unique challenges your duties might present. Contact us at 713-526-5220 for a complimentary consultation.