Houston Probate & Estate Administration Law Blog

It may come as a surprise to some in Texas to learn that the probate process was among the issues recently considered by the highest court in the nation. At issue before the U.S. Supreme Court was the ability of a trust beneficiary to assert a claim against the trustees in federal court rather than in state court. The matter centered on the estate planning tools used by the parents who had originally created the plan.

The beneficiary of the trust claimed that the trustees, who happened to be her sisters, had violated their duty to care for the assets held by the trust. The trust was funded by using an estate planning tool known as a pour over will. When the parents died, the will placed assets into the care of the trust.

Texas readers know that estate planning is not a cookie cutter process, just as every family is different. It is often the case in estate planning to have one sibling that might be better suited to money management than another. Instead of granting each child the exact authority, it is possible to split accordingly by using a separate power of attorney for each.

For example, a situation where this would be applicable would be specifically designating which child would make medical decisions and which child would handle retirement funds. Often, one sibling is better suited for one task more than the other. The intent of estate planning in Texas is to ensure that the client's exact and specific directions are followed. If there is concern about dividing the estate between children or dividing certain responsibilities between siblings, it is important that it be done correctly.

People in Texas know well that estate planning can help them achieve their goals as they relate to the distribution of assets after their death. What they may not understand is the vast array of options that they have to choose from to achieve these goals. Because there are so many choices, including trusts and wills, many find it helpful to review all applicable laws and procedures as they enter the estate planning process.

Trusts are one area that may be confusing to some readers in Texas. This is because many people believe that they need a large amount of assets to make such an estate planning tool effective. That is not the case, says one recent report. In fact, the same article notes that many people can benefit from a living trust, both before and after death.

When a family member dies in Texas, there can be many issues that those left behind face. Some come from the emotional loss of the death of a loved one. Others, however, need to consider the details of distribution of an estate. In families where an individual has completed the estate planning process, facing these issues can be made easier.

Estate planning tools can be used in Texas to detail the wishes of an individual as to the distribution of their assets. Wills and trusts are commonly enlisted to express these wishes. In such documents, people can list specific bequests, leave care and maintenance trusts and other asset distribution options.