Wills And Life Planning Documents
Wills And Life Planning Attorneys In Arlington And Neighboring Communities
Estate planning is another way of making sure that your family will be taken care of in the future. Life insurance, property and savings accounts are great first steps. But, knowing how things will all fall into place when you are gone is impossible without a legally enforceable estate plan that includes a will to coordinate everything.
Avoid Family Strife By Having An Estate Plan
It might be difficult to believe that family members might not agree how their inheritance should be divided after your death, or that a significant part of what you bequeath might be subject to high tax rates when transferred to your surviving relatives. But these events and many others come up regularly.
The estate and financial planning attorneys and legal team of Brandy Austin Law Firm, are experienced at helping individuals plan their estates to avoid these and worse problems after they are gone. An estate plan is more than just crafting a will; we will perform a complete inventory of your estate, both assets and liabilities, and design a unique plan for you.
A unique estate plan takes into consideration all of the tax consequences and even the potential family conflicts that might result from your decisions. Our goal is to minimize both and maximize the amount of assets available to your family members. Additionally, inheritance tax laws change over time, as do the people and the relationships in your life.
I’m not comfortable with the current executor of the estate, can they be removed and replaced?
An executor of any estate should be responsible, patient, and trustworthy, as a wills lawyer Arlington, TX trusts would recommend. Although most executors successfully uphold their duty to the estate and it’s beneficiaries, some do not. When this happens, the beneficiaries might become upset or even be led to believe that a serious problem exists. In general, whether you believe the estate is being mishandled or you’re unhappy with the current executor, you should consult an estate litigation or wills lawyer in Arlington, TX who can listen to your situation and let you know what options may be available.
Removing an Executor of an Estate
By law, the Texas Court can remove an executor, or fiduciary, of an estate. You cannot simply tell a court that you don’t like the executor, but rather you must be able to demonstrate that the executor has done something to counter the best interests’ of the beneficiaries. In other words, the executor has breached their fiduciary duties.
Convincing the Court
An executor can be removed, but only when the correct evidence, in the form of testimony and documents, is shown. In most cases, an estate litigation or wills lawyer in Arlington, TX will gather the evidence through depositions, expert witness testimony, interrogations, witness interviews, subpoenaed documents, and more. The process is often complex and can be rife with challenges, particularly when the executor is strongly objecting to their removal.
Hiring an Experienced Estate Litigation Lawyer is Vital
The request to remove an executor is taken very seriously, and it will only be granted when you and your legal team have followed the correct procedures. Furthermore, the executor has the right to use the Estates’ funds to defend their position. As an estate litigation or wills lawyer in Arlington, TX, we have known of cases in which the fiduciary takes certain steps to purposely draw out the process and increase the total costs. With an experienced lawyer on your side, this may be prevented; thus, saving you time and money.
Reasons to Remove an Executor
Being upset with an executor is not enough to have them removed. You must provide the court with a clear basis for removal. Some common reasons include, but are not limited to:
Failure to comply with the terms of the estate
Non-cooperation with a beneficiary or other important party
Intense friction between any co-executors
Mismanagement of assets
Hostility towards beneficiaries
Breach of duty
Misappropriation of funds
Failure to act
Undue influence on part of the executor
Conflict of interest
The executor is unfit
Incapacitation of the executor
Death of the executor
It is possible that while your estate litigation or wills lawyer in Arlington, TX builds a defense on behalf of you, the judge will ask the executor to make important changes in their behavior and/or actions. If he or she fails to do so, and grounds for removal exist, a judge might grant the request.
Who Pays for the Estate Litigation Lawyer
If you’re taking action to remove the executor, you may need to pay the legal fees. However, if the request of removal is successful, you may be reimbursed from the estate. The executor might also be ordered to repay the estate for their own use of legal funds.
Choose an Experienced Estate Litigation Lawyer
If you would like to remove a current executor of an estate, call a skilled wills lawyer Arlington, TX trusts from Brandy Austin Law Firm for a consultation. We can schedule a review of your current estate plan to make certain that your circumstances are still in line with your wishes today. We also serve clients in Arlington and Burleson, Texas. Please call us or complete our online form to arrange a free consultation about your wills and life planning needs.
“You can’t go wrong with the Brandy Austin Law Firm! Attorney Erika Wheeler is great! She has a calm demeanor, and she truly cares about her clients… Great Law Firm! Good People! I highly recommend.”